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(영문) 서울고등법원 2013.12.12 2013노3157
살인미수등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than four years and six months.

A knife for seized kitchens.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty by misunderstanding the facts or misunderstanding the legal principles as to the part of the defendant's case, and by misunderstanding the knife in the main room, it is true that the defendant (the defendant only hereinafter referred to as "the defendant") and the person subject to a request to attach an order to attach an electronic device subtracting the knife in the main room, but then flife the part of the victim, etc., knife with his knife in the knife in the process of being pushed ahead with the victim, his knife and knife, and thus, the injury

(2) The sentence of imprisonment (five years of imprisonment) imposed by the lower court is too unreasonable.

B. (1) The sentence (five years of imprisonment) sentenced by the lower court in the part of the Defendant case is too unfasible and unreasonable.

(2) It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of an electronic tracking device even if the risk of recidivism is recognized in part of the attachment order case.

2. Determination on the part of the defendant's case

A. As to the defendant's assertion of mistake of facts or misapprehension of legal principles, the court below reasoned that ① the defendant reached knife of the victim with the kitchen knife, the kitchen knife is a fatal deadly weapon with the length of 17 centimeters, and if the kitchen knife, any person could anticipate that there is a high risk of causing death due to the major long-term damage, and ② the victim's bloodstains at the end of the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

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