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(영문) 서울고등법원 2013.10.08 2013노2075
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for five years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant did not intend to kill the victim at the time of committing the instant crime, the lower court accepted the facts charged and sentenced the Defendant guilty. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. Under the influence of alcohol at the time of committing the crime, the Defendant was in a state of lacking the ability to discern things or make decisions.

C. The punishment sentenced by the court below on unreasonable sentencing (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court acknowledged that the Defendant was aware of, or could have been sufficiently aware of, the motive of the crime, the motive of the crime, the details of the crime, the possibility of the death, the possibility of the risk of death before or after the death of the Defendant, by taking into account the following: (i) the Defendant: (ii) the Defendant divided the victim’s title into a canter with two hands; (iii) the victim thought that the victim was killed; and (iv) the victim was killed and was able to live in the body of the first husband; and (iv) the Defendant could have been aware or could have been aware of, the victim’s life in the body of the first husband; and (iv) the Defendant was aware of the motive of the crime caused by the crime; (iii) the motive of the crime; (iv) the likelihood of death before or after the death; and (v) the possibility of the death of the victim.

In the crime of murder, the intention of murder is not necessarily recognized as the purpose of murder or planned intention of murder, but is likely to cause the result of death of another person due to his own act.

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