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(영문) 대구고등법원 2014.10.30 2014노300
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A copy of seized sirens (for tyrench exchange).

Reasons

1. Summary of grounds for appeal;

A. In light of the background leading up to the instant crime, such as misunderstanding of facts, motive for the commission of the crime, type of the prepared deadly weapon, and the part and repetition of the attack, etc., the Defendant could be sufficiently recognized at the time of the instant case. Nevertheless, on the grounds that there is no evidence to prove that the Defendant had committed the murder at the time of the instant case, the lower court rendered a judgment that the attempted murder of the instant case was not guilty. In so doing, the lower court erred by misapprehending the legal doctrine on the intention to commit the murder or by misapprehending the legal doctrine on the intention to commit the murder, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too un

B. The lower court’s punishment is too unreasonable.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The judgment of the court below is based on the following circumstances acknowledged by the evidence adopted by the court below, namely, that the defendant was in the vehicle of the defendant, and there was no relatively less light and dangerous part as being used for the crime, and that the defendant did not use other deadly weapons or dangerous articles as a criminal tool in addition to the siren, the victim E was about four weeks, and the victim F was "in the victim E" for approximately six weeks of medical treatment, and it is difficult to view it as a fatal injury to the degree that it would cause danger to life, and the defendant stated at an investigative agency that "the victim was aware that the victim was living together with the victim E was in the victim F, and that it was reasonable to murder the victim beyond the intention of the crime of this case."

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