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(영문) 서울고등법원 2015.04.24 2015노319
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant did not have any knife the victim, nor did he had any intention to commit murder.

At the time, the defendant tried to knife his wife and knife his knife and knife his knife and knife his knife with the wind that the victim followed and flifed.

The defendant only told the victim to the purport that he would be well aware of the above facts, and does not interfere with the perjury.

Nevertheless, the lower court found the Defendant guilty of murder and perjury by misunderstanding the facts or misapprehending the legal doctrine.

The defendant with mental disability is in a state of mental disability due to excessive drinking at the time of committing the crime of murder in this case, and thus the punishment against the defendant shall be mitigated.

The sentencing of the lower court on the grounds of unfair sentencing (four years of imprisonment) is too unreasonable.

Judgment

As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendant argued to the same effect in the lower court, and the lower court, in full view of the following circumstances acknowledged by the evidence duly admitted and investigated, it is difficult to believe the victim’s statement in the lower court’s court, and the victim’s investigative agency to support the facts in the judgment, and thus, deemed that the victim’s statement was credibility.

The victim knife with the knife with a considerable quantity of flife and reported 119 to the outside of the residential area, and the defendant was staying in the residential area without aiding the victim or making a report together.

E, a police officer called to the site, testified that at the time this court testified that he respondeded from the defendant as to whether he reached knife with the defendant at that time.

The injured party shall be "at the time of the occurrence, if any, in the currency of the prosecution investigator around July 16, 2014."

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