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(영문) 부산고등법원 (창원) 2016.07.06 2016노29
살인미수등
Text

The judgment below

Of them, the violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) is committed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) When the Defendant’s horses were confirmed to be false and vindicateed, Defendant 1 entered the sea on his own, and the Defendant did not enter the sea. There was no fact that the victim was led to the sea.

2) The sentence sentenced by the lower court to the Defendant (one year of imprisonment with prison labor for eight months and one year of suspended execution) is too unreasonable.

B. A prosecutor 1) The statements made at the investigative agency and the court of the court below by the victim misunderstanding of facts are reliable, and according to the victim's statements, etc., the defendant can be acknowledged as having committed rape between the defendant's vehicle and the telecom, threatened the victim in a knife, and attempted to kill the victim into the sea, and the fact that the victim committed attempted crimes is suspended.

2) The sentence sentenced by the lower court against the Defendant is too unhued and unreasonable.

2. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor examined ex officio prior to the judgment on the grounds for the appeal by authority, and the prosecutor committed the offense against the Defendant with “violation of the Punishment of Violences, etc. Act (a collective or deadly weapon, etc.)” as “special coercion,” and Article 324(2) and (1) of the Criminal Act, “Article 324(2) of the Punishment of Violences, etc. Act and Article 324(1) of the Criminal Act” in the applicable law, “Article 324(1)2 of the Criminal Act and Article 324(1) of the same Act,” which read, “A request for amendments to an amendment to an indictment with respect to each of the changes, and the subject of the judgment by this court was changed. As such, the part of the judgment of the court below on the charge of violation of the Punishment of Violences, etc. Act (a group, deadly

However, even if there are such reasons for reversal of authority as above, the argument of mistake between the defendant and the prosecutor is still subject to the judgment of this court.

3. In full view of the following circumstances admitted by the lower court based on the evidence duly admitted and investigated by the lower court as to the Defendant’s assertion of mistake of facts, the Defendant.

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