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(영문) 광주고등법원 (전주) 2018.09.18 2018노94
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and legal principles 1) Since a party’s defense or defense claimant’s defense attempted to detain the defendant and forced him/her to commit an indecent act, or led to the instant crime in the course of defending the defendant by mistake, it constitutes a legitimate defense or defense by mistake.

2) The Defendant’s assertion of self-denunciation requested the police to find out the nearby convenience store immediately after the crime was committed, and the police officer dispatched to the police became aware of the scene of the crime, and the fact of the crime was also replaced, and the number of self-denunciation is established.

B. The sentence of the lower court’s unfair sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as the allegation in this part of the grounds for appeal. In full view of the circumstances as indicated in its reasoning in the “judgment on the Defendant and his defense counsel’s assertion” of the judgment, the lower court: (a) there was a present unfair infringement of the Defendant’s legal interest at the time of committing the crime; or (b) there was a justifiable reason for the Defendant

and the defendant voluntarily reported his crime to the investigation agency.

The Defendant’s assertion was rejected on the ground that it could not be seen.

The judgment below

If the reasoning of the court below is compared with the evidence duly adopted and examined by the court below, the above judgment of the court below is just, and there is an error of law by misunderstanding of facts and misunderstanding of legal principles as alleged by the defendant.

subsection (b) of this section.

B. The instant crime of determining the illegality of sentencing is highly cruel and the nature of the crime is brupted by the Defendant’s attempt to kill the victim at least 10 times in knife with knife the face and face of the victim, who is his own death.

The degree of injury suffered by the victim due to the crime of this case is also serious.

The defendant shall return to his own valuable life.

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