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(영문) 부산고등법원 2014.10.30 2014노499
살인미수등
Text

Defendant

In addition, all appeals filed by the person whose attachment order is requested and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) - Part 1 of the Defendant’s case did not intend to kill the victim at the time of committing the crime. 2) The punishment sentenced by the lower court of unreasonable sentencing (two years of imprisonment and confiscation (No. 1) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the part of the Defendant’s case (e.g., e., e., e., e., e., e., e., e., e., e., e., e

2. Determination of the accused case

A. The lower court also asserted that the Defendant had the same purport as this part of the grounds for appeal, and the lower court’s determination on the Defendant’s assertion of mistake was based on the evidence duly admitted and investigated by the lower court, and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court were repeated at the police box immediately after arrest: (a) the Defendant’s investigation was conducted by the prosecution to the effect that “I would like to kill and kill a child, and would like to have thought that I would have engaged in such conduct.” (b) the Defendant stated that “I would have never think of the victim from the beginning, but at that time, I would like to drink too much at that time, I would like to have saw that I would like to have caused the victim to die,” and (c) the Defendant did not have any specific interview with the victim at that time.

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