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(영문) 서울고등법원 2014.08.21 2014노315
살인미수
Text

The judgment of the first instance shall be reversed.

The defendant shall be innocent.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although there was no fact of misunderstanding of facts and misunderstanding of legal principles that the Defendant did not have a knife the victim, the first instance court affirmed the Defendant’s confession and the reversal of the confession and the denial by using data not based on the evidence that had undergone lawful evidence examination, and subsequently acquitted the Defendant’s assertion, taking account of the victim’s statements, etc., and convicted the Defendant of attempted murder as stated in its judgment. Such judgment of the first instance court erred by misapprehending the legal principles on evidence law, thereby adversely affecting the conclusion of the judgment. 2) The sentence of imprisonment (three years of imprisonment, confiscation) of the first instance court of unfair sentencing

(b)the sentence sentenced by the first instance court is too unhued and unreasonable;

2. Determination of the defendant's grounds for appeal by mistake of facts and legal scenarios

A. On July 29, 2013, the summary of the facts charged in the instant case: (a) around 19:50 on July 29, 2013, the Defendant drinking together with the victim at the residence of the victim D (51) of C Apartment 107 Dong 1807, Seoul Special Metropolitan City, Nowon-gu, and drinking together with the victim; and (b) from the victim, “I am at the only house of the day, I am going to do anything.” By gathering the horses from the victim, I want to kill the victim once a knife, while I tried to kill the victim with the other knife which is suffering from the victim, I am out of the part of the victim’s clothes, and am out of the part of the victim’s clothes, and 1199 report from the victim, I am out of 4 meters in depth of the victim’s body and am out of 10cm in length by taking care of the victim’s body.

B. The circumstances that the first instance court found guilty of the instant facts charged are as follows.

① First of all, with respect to the statements made by the victim, the defendant is consistent with the victim’s statement that the defendant gets knife by cutting down his own excessive amount.

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