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(영문) 대구고등법원 2018.05.16 2018노15
살인미수등
Text

1. The guilty part of the judgment of the court below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for four years;

3. One excessive seizure (a certificate. .).

Reasons

1. The lower court dismissed the prosecution against intimidation among the facts charged in the instant case, and convicted the remainder of the facts charged.

Therefore, since only the defendant appealed against the guilty portion of the judgment below, the dismissed portion of the judgment below became separate and definite in the limit of the appeal period, and was excluded from the scope of the judgment of this court.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal (six years of imprisonment) of the lower court is too unreasonable because it is too unreasonable (the Defendant, at the first trial date of the first instance trial of the first instance trial of the first instance trial of the first instance trial), and the Defendant has withdrawn all of the allegations of misunderstanding, mental and physical weakness. 3. The crime of this case is not minor in that: (a) the Defendant attempted to kill the body of the victim in a state of excessive and unbruptedness prepared in advance within a vehicle at least 20 times in a non-discriminatory manner; (b) the Defendant was prevented from committing an attempted crime by taking the police officer against the police officer, and (c) the Defendant inflicted an injury on the police officer by bruing excessive in the process; and (d) the Defendant was cruel

The victim seems to have suffered a huge fear and physical and mental suffering due to the above crime by the defendant.

Moreover, the defendant will die the victim and his/her children.

For the reason of intimidation, the investigation by the investigative agency has not yet been conducted and it has again committed the crime of this case.

On the other hand, the defendant is aware of all crimes for the first time, and is against the wrongness, and there is no record of criminal punishment exceeding the fine.

At the lower court, the Defendant agreed with the victim to commit the crime of attempted murder of this case, and the above victim was present at the court of the first instance to recover a large amount of health, and again wanted to take the measures against the next accused.

In addition, when the defendant was in the trial of the party, the defendant is also a victim police officer of the crime causing injury to the execution of special duties of this case.

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