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(영문) 부산고등법원 (창원) 2018.12.05 2018노226
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. On the day of the instant case, the Defendant: (a) was in a park adjacent to the Chang-dong square of Masan on the 2 p.m. on the day of the instant case that caused the victim to have a p.m. with the victim; and (b) there was no fact that the victim’s bucks were placed in a restaurant located in 2A, Shinpo-dong, or that the victim was placed in a restaurant at the time indicated in the instant facts charged.

B. At the time of the instant case, the Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The sentence sentenced by the lower court to the Defendant (three years of imprisonment, etc.) is too unreasonable.

2. Determination

A. In the lower court’s determination on the assertion of misunderstanding of facts, the Defendant alleged to the effect that there was no fact between the instant restaurant and no intention to kill the victim.

The lower court recognized the fact that the victim was between the instant restaurant by CCTV images, and comprehensively taking into account the victim’s injury part, the injured party’s wife, the Defendant’s statement, etc., and committed murder on the part of the Defendant.

The decision was determined.

In light of the following circumstances known from evidence duly adopted and investigated by the court below, the judgment of the court below is justified.

We do not accept this part of the defendant's assertion.

- The victim " around 19:00 on March 17, 2018, the victim refers to the victim's words "at least 19:00, to leave the defendant's abundance with another person, and a drinking place."

The Defendant stated that sound defects, the Defendant stated that knife knife knife knife knife knife knife knife knife twice (Evidence 14,15 pages). - D, the instant restaurant owner, also considered that the Defendant knife knife the victim in the instant restaurant around 18:50 on the day of this case.

- According to CCTV images, the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife

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