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(영문) 서울고등법원 2018.06.07 2018노838
살인미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In other words, Defendant 1’s misunderstanding of the facts is against the knife of the victim as stated in the facts charged.

However, at the time, the defendant had no intention to kill the victim.

Therefore, it is unreasonable to impose liability on the defendant for attempted murder, regardless of whether the crime of special bodily injury is established under the Criminal Code.

2) Since the Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness by drinking alcohol at the time of committing the instant crime, the punishment ought to be mitigated or exempted.

3) The sentence sentenced by the lower court to the Defendant (a three years and six months and confiscation) is excessively unreasonable.

B. The sentence imposed by the prosecutor by the court below is too unfortunate and unfair.

2. Determination as to the Defendant’s misunderstanding of facts and mental or physical disorder

A. The Defendant and his defense counsel argued to the same effect as the grounds for appeal, in the absence of the intention of murder in the original trial.

On the grounds delineated below, the lower court, on the ground that at least the Defendant had dolusent negligence in murdering.

The decision was determined.

① The Defendant’s knife knife knife knife knife knife knife 33 cm in total length and 20.5 cm in length. The Defendant, when knife with the victim, knife knife knife knife knife knife knife k

② Even based on the images taken by the victim and his surrounding areas immediately after the instant case, the victim suffered a considerable number of difficulties by attacking the Defendant, and the victim was asked about a considerable amount of knife knife with the Defendant.

Therefore, the strength of the defendant's robbery toward the victim seems to have reached a considerable degree.

(3) A victim shall use equipment and make it possible for him/her to use the body of the victim, as well as the body of the victim, to the extent that the victim is suffering from strelle and verte.

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