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(영문) 광주고등법원 (제주) 2017.10.18 2017노44
존속살해미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) In light of the fact that the victim, who did not have any intention to commit murder, did not have any intention to murder the victim in light of the following: (a) the victim’s main wound, such as the main wound, etc., caused by the crime of this case, was merely a partially limited degree of damage; (b) the Defendant was in a state of mental and physical weakness; and (c) the Defendant opened a hotel visiting to the effect that the victim is the victim’s escape while committing the crime; and (d) the Defendant opened a hotel visiting the victim so that the victim may escape.

shall not be deemed to exist.

Therefore, there was a criminal intent to commit murder against the Defendant otherwise.

The judgment of the court below is erroneous in the misunderstanding of facts, thereby adversely affecting the conclusion of the judgment.

2) The Defendant, who is in a mental and physical state, was in a state of mental and physical loss having the ability to discern things or make decisions at the time of committing the instant crime, but the lower court erred by misapprehending this point.

3) The Defendant, who was not aware of the victim’s existence, did not recognize the victim’s mother as his or her mother, and was only aware of the victim’s existence of threat.

Nevertheless, the court below erred in finding the defendant guilty of the facts charged of this case on the premise that the defendant was aware of the victim's existence.

B. In light of the fact that the criminal defendant's wrongful sentencing reflects his/her mistake, that the injured person wants to leave his/her wife against the defendant by agreement with the injured person, that the defendant has already lives in custody for several months, and that it is a situation that requires medical treatment rather than punishment against the defendant, the punishment of the court below (four years of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. 1) As to the assertion of misunderstanding of facts, the Defendant alleged the same purport as the grounds for appeal under this part of the judgment below, and the lower court against this assertion, ① the tools used by the Defendant for the instant crime, ② the Defendant.

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