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(영문) 대전고등법원(청주) 2020.09.10 2020노90
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles with a knife the victim, but at the time, the Defendant did not have had the intent to murder. Nevertheless, the lower court found the Defendant guilty of the facts charged in this case, which erred by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (five years of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the lower court also asserted the same as the grounds for appeal, and the lower court fully recognized that there was the Defendant’s intentional murder at the time of committing the instant crime by comprehensively taking account of the following circumstances. (A) While dialogueing the Defendant with the victim, the Defendant thought that the victim was unsatisfing in the Daegu area and treated himself as his nose or a satisfy, after completing dialogue with the victim on his own, committed the instant crime by holding three knifes, such as excessive, knife, and knife, return to his knife, and moving back to his knife.

B) The Defendant asserts that the excessive arrest of the crime committed by the Defendant against the victim is 25cm in total length, 13.5cm in blades, 13.5cm in blades, 33.5cm in total length, 21cm in blades, and 13.5cm in blades, and that the victim actually suffered bodily harm caused by the damage of the engine in the knives by the Defendant’s knife knife knife. (c) The Defendant prepared the knife knife knife with the victim, and that the victim did not intend to have a knife.

However, when the defendant enters the management office at the time, the employees of the management office at the time seem to have a knife with the hand when he enters the management office, and seems to have a knife with him when he gets into the knife room.

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