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(영문) 서울고등법원 2018.11.30 2018노2415
살인미수
Text

The defendant's appeal is dismissed.

Reasons

Although the defendant misunderstanding the summary of the grounds for appeal was knife of the victim, the defendant was knife of the victim's knife, but the defendant was knife of the victim's left knife, and there was no obvious motive to kill the victim, and there was no intention to murder the defendant.

shall not be deemed to exist.

The unfair sentencing of the court below (three years of imprisonment) is too unreasonable.

Judgment

In the criminal trial proceedings conducted in the form of a citizen participatory trial introduced to enhance the democratic legitimacy and trust of the judiciary on the premise of the determination on the assertion of facts, collective opinion presented to the trial division on the recognition of facts through strict selection procedures has the effect of recommending the judge of the trial to assist in the determination of facts under the principle of substantial direct deliberation and the principle of court-oriented trials. If a jury participated in the whole process of fact-finding and the verdict issued by unanimous opinion on the admission of evidence and fact-finding is adopted as it is in accord with the jury's conviction, the first decision on the admission of evidence and fact-finding conducted through such procedures need to be respected unless sufficient and clearly opposed to the jury's verdict through new examination of evidence in light of the purport and spirit of the principle of substantial direct deliberation and the principle of court-oriented trials, and the defendant's participation in the trial proceedings including the jury verdict and the defendant's verdict prior to the trial of the court below should be respected unless there are considerable circumstances to understand the facts (see, e.g., Supreme Court Decision 2010Do1465, Mar. 25, 2019, etc.).

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