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(영문) 대전고등법원 (청주) 2020.01.09 2019노214
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant misunderstanding of facts or misunderstanding of legal principles led the victim to a knife, but did not intend to kill the victim, the court below which recognized the intention of murder differently erred by misunderstanding of facts or misunderstanding of legal principles.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. 1) The judgment of the court below also asserted the same purport in the judgment of the court below. The court below held that, in full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the defendant could have acknowledged the defendant's intentional murder at the time of committing the crime of this case, i.e., the process and method of committing the crime of this case, the danger of the criminal implements, the defendant's knife, the degree of injury inflicted on the victim, etc. ① The defendant has been forced to have a knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

② The victim seems to have been able to have died of the victim due to excessive blood transfusions if it is delayed to take relief measures against the victim by taking depth of various military teams, such as the right bucks, fucks, etc., the left side and the left side.

③ The physician I of the H Hospital in charge of the operation of the victim called “the victim’s hand fel, except the ben part of the victim’s hand fel, all of which are fnife, and the upper part of the fnife’s fnife’s fnife went into the long time, and the upper part of the flife’s flife’s flife was considerably dangerous.

Such circumstances are fair.

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