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(영문) 서울고등법원 2013.03.15 2012노4378
살인미수등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the motive and background of the crime committed by the Defendant on September 7, 2012, the lower court acquitted the Defendant of the primary charges of attempted murder on the ground that it is insufficient to recognize the intention of murder at the time, on the grounds that there is insufficient reason to recognize the intention of murder, and thus, acquitted the Defendant of the primary charges of attempted murder.

B. The sentence of the lower court (one year of imprisonment) is too unreasonable.

2. Determination:

A. On September 11, 2012, the summary of this part of the facts charged by the prosecutor’s assertion of mistake of facts reveals that the Defendant: (a) around 11:00 on September 7, 2012, the Defendant: (b) had 11 or more calls from the victim F; (c) had the victim fright to kill the victim; (d) had the victim fright at the taxi operating by the Defendant; and (e) had the victim fright the knick in the J of Dongducheon-si; (c) had the knick in advance on the victim’s chest; (d) had the victim knick on the victim’s chest; and (e) had the victim knick out of the said knick; and (e) had the victim knick out of the said knick with the victim’s portrait, the Defendant forced the victim f to die, and had the victim knick out of the said knick, and had the victim left.

Therefore, although the defendant tried to kill the victim, it is difficult to identify the number of days of treatment in the wind that the victim sent back to the N Hospital by the 119 Safety Report Center and received treatment, such as washing.

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