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(영문) 대구고등법원 2015.04.30 2015노4
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In other words, when the defendant cited a knife and threatened the victim, he only knife the knife knife knife knife knife knife knife knife knife knife knife.

B. Even if it is found that the Defendant was guilty of attempted murder, the lower court’s imprisonment (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court also asserted that the Defendant had no intention to kill the victim at the time of the crime, and the lower court rejected the said assertion in detail by providing a detailed judgment on the “judgment on the Defendant and his defense counsel’s assertion”.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below in the above circumstances presented by the court below, i.e., the victim at the investigative agency and the court of the court below stating that "after the defendant puts the victim's clothes in knife with knife" was flife in 20 years only.

In light of the fact-finding and decision of the court below, it is proper to find the fact-finding and decision of the court below that the defendant has knife with the intention of murdering the victim at the time, and there is no error of law such as misconception of facts as claimed by the defendant.

B. There are circumstances such as the fact that the Defendant appears to have committed each of the instant crimes by contingency against the assertion of unfair sentencing, and that the health of the victim seems to be considerably restored, and that there seems to be no difficulty in daily life.

However, the crime of this case was committed by the defendant due to the minor reason, resulting in serious physical and mental pain on the part of the victim, and thereby causing serious injury to the victim by the intent of murder.

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