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(영문) 서울고등법원 2014.11.27 2014노2147
살인미수
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is that the Defendant attempted to commit suicide before the victim is viewed, and the victim only knife the chest part in the process of cutting the knife from the Defendant to the end, and the Defendant did not knife the part of the victim's chest to kill the victim.

The sentence of the court below (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. In the facts charged, the Defendant declared the victim C(38 years of age)’s excessive collection and increase of the Defendant, and the assault and intimidation due to the said increase of the Defendant’s excessive collection, thereby making a decision five months prior to the end of five months. The Defendant did not abandon the victim’s house and workplace, and mobilized the victim’s house and workplace, even up to the time of the victim’s parent house, by gathering officetels at a place where the victim’s work place is visible, and led the victim to a meeting with the victim’s house and workplace and even around the victim’s parent house.

At around 09:00 on March 9, 2014, the Defendant, who refused to receive his own phone, threatened the victim who does not take place in the house and continued to be in a relationship again by threatening him, and then had the victim find his knife with the knife by leaving all the booms of the Datsa car operated by the Defendant, but the victim did not look at her mother, but the victim did not look at knife, 2 knife on the 17th day of the same month (the knife knife knife and 14cm in the knife length), knife knife knife knife knife knife knife knife knife knif

The Defendant, not because of one’s own house and violence, is doubtful that the victim’s avoidance of himself is not due to one’s own house and violence, but was under surveillance by another male. On April 2, 2014, the Defendant thought that the victim spawns another male by reporting that the victim spawns and spawns the other male,

At around 11:30 on April 3, 2014, the Defendant discovered that the victim was at home without working hours, and operated the said vehicle, and had the victim’s house located in E during the period of Ansan.

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