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(영문) 부산고등법원 2018.07.12 2018노211
살인미수등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 had no intention to kill victims at the time of receiving the victims by driving a vehicle as stated in paragraph 2 of the 2017 High Gohap 158 Case as indicated in the judgment of the court below.

Nevertheless, the court below erred by misapprehending the legal principles as to each attempted murder.

2) At the time of committing each of the instant crimes, the Defendant, who was mentally and physically weak, administered the medicine prescribed in the spirit, including water immunity.

As a result, each crime of this case was committed under the lack of the ability to discern things or make decisions.

3) The punishment sentenced by the lower court (seven years of imprisonment) is too unreasonable.

B. The above sentence sentenced by the prosecutor (unfair sentencing) by the court below is too unfasible and unfair.

2. Determination

A. 1) The lower court’s determination on the Defendant’s assertion of misunderstanding of the facts was based on the facts and circumstances admitted by the lower court’s lawful adoption and investigated evidence in light of the legal doctrine as indicated in the lower judgment, and recognized the possibility or risk of the Defendant’s death due to the Defendant’s act at the time of the instant crime.

Since it is reasonable to see that the Defendant’s intentional murder against the victims can be recognized.

The decision was determined.

2) In full view of the facts and circumstances determined by the lower court’s determination and the following circumstances acknowledged by the lower court and the evidence duly admitted and investigated by the lower court, the Defendant recognized the possibility or risk of death to the victims by its own act at the time of committing the instant crime.

I seem to appear.

Therefore, the judgment of the court below is justified.

(1) The place where each crime of attempted murder was committed in the original judgment is a delivery in which a bus stop is installed, and several persons are waiting for the bus vehicle at that place.

The defendant shall operate one ton cargo vehicle for himself.

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