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(영문) 대전고등법원 2014.12.19 2014노469
살인미수등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower court (two years of imprisonment) is too unreasonable.

The defendant asserts that the judgment of the court below was erroneous in the misapprehension of facts, which found him guilty of the part that he did not commit (the defendant was guilty of the death of the victim in front of Ipok, with sound that how the victim died in front of Ipok, and with the part of the victim's left part, he laid the part of the victim's left part, and then laid the part of the victim's body on the back of Ipok, but failed to do so).

However, even if the defendant's assertion is based on the defendant's assertion, there is no difference in finding the defendant guilty of injury, and only there is a difference in the circumstances of the crime, and it is reasonable to see that the defendant

Furthermore, even if the record is examined, the fact-finding of the decision of the court below is justified and acceptable.

B. The prosecutor (i.e., attempted murder) was committed by the Defendant on the ground that the victim, who liveded for about four years at the time of the instant case and promised to marry, was sexually hedging and notified of his intention, and thus, the motive for murder is sufficient.

Next, in light of objective circumstances, such as ① the Defendant’s driving of a passenger car in each direction to kill the victim, ② the Defendant’s intentional murder can be inferred in light of the following: (a) the Defendant attempted to use the victim’s satisfly with garrisingly garrising the victim’s satisfy by assaulting the victim immediately after the shocking; (b) the Defendant attempted to use the victim’s satisfy in a deep sense; (c) the Defendant attempted to kill the victim before and after the commission of the crime; and (d) the Defendant discontinued the harmful act by a third party’s proposal that is not a child.

Nevertheless, the judgment of the court below which acquitted the attempted murder on the ground that it is difficult to view that the intention of murder was proven is erroneous in the misapprehension of the legal principles.

Dob. The lower court’s decision on the grounds of unfair sentencing.

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