(영문) 서울고등법원 2018.05.03 2018노501 | 리걸엔진

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(영문) 서울고등법원 2018.05.03 2018노501

살인미수

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding is merely a knife knife, and there was no intention to murder, and the crime of this case was committed differently from the content of the judgment below (the planned murder). B. The Defendant with mental and physical weakness was under the influence of alcohol at the time of committing the instant crime, and was in a physical and mental state due to dynamic disorder and alcohol dependence.

(c)

The punishment sentenced by the court below (five years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion that there was no intention to murder, the Defendant asserted the same purport in the lower court.

The lower court, based on the evidence duly admitted and examined, found the following facts and circumstances: (a) according to the victim’s police statement, the Defendant appears to have been in possession of excessive quantity for the crime; (b) the aforementioned excessive amount appears to have been in possession of excessive quantity; (c) the Defendant died or may injure a person in accordance with the method of use with a total length of 23 cm; and (d) the victim was in a top of about 4-5 cm in depth due to the instant crime; and (d) the Defendant was under a family protective disposition for the instant case where the victim inflicted bodily injury upon the victim before the instant crime committed the instant crime; (e) the Defendant was aware of the victim’s sexual relation with the victim; and (e) the Defendant committed verbal abuse and assault, such as verbal abuse, which, until the time of the instant crime; and (v) the Defendant was aware of the death of the victim; and (v) at the time of the instant crime, went back to the Defendant’s intentional intent to commit the instant crime by taking full account of whether the Defendant was guilty.

The decision was determined.

Examining the above facts and circumstances duly admitted by the lower court in light of the records, the lower court’s determination of facts is justifiable.

유사 판례

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