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(영문) 부산고등법원(창원) 2020.12.23 2020노209
살인미수
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In the following respects, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and misunderstanding legal principles.

피고인은 2020. 11. 10.자 탄원서(접수번호 M 접수)에서 ‘피해자로부터 간신히 부엌칼을 빼앗았고 겁을 주려고 피해자 목에 부엌칼을 들이댔는데 실랑이를 벌이는 과정에서 피해자가 목에 찔리기도 하고 베이기도 하고 긁히기도 했다’는 취지로 주장하면서 칼로 찌른 행위 자체도 다투는 듯한 주장을 했다.

This can not be seen as a legitimate ground for appeal because it was raised after the expiration of the period for submission of the statement of grounds for appeal.

In addition, even if examining ex officio, according to the evidence duly adopted and examined by the court below, the defendant's above assertion is without merit, since the defendant can sufficiently recognize the fact that he was involved in several parts of the victim's interests.

[Defendant stated in the written application (receiving No. N) dated November 10, 2020, the receipt number of which is different, that “The Defendant got knife one time from the victim, kniffed the victim’s kniff, and kniffed the victim, and that the Defendant knife the knife was knife with the knife, but reached knife several times.” The Defendant did not have any intention to murder the victim.

At the time of the instant case, the Defendant was drinking together with the victim and the victim’s wife E at the time of the victim’s house, but, in his hand, E was blicked with the Defendant’s her cellular phone, and went to the toilet after her was blicked with the Defendant’s cell phone, and the Defendant was blicked with E with the toilet, and the victim was blicked with the kitchen knicker and the Defendant.

In the situation of two persons, if the defendant takes the knife from the victim and takes the victim, his life may be infringed.

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