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(영문) 서울고등법원 2014.02.06 2013노2904
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

A seized knife, ..

Reasons

1. Summary of grounds for appeal;

A. Although it was true that the defendant of mistake of facts caused the victims' house, it was committed in the process of a mental confusion because the defendant was unable to sleep due to noise between floors for a week, and it was not committed with the intention of murder.

In addition, the self-help tools of this case are only created for the purpose of suicide, not for the purpose of murder, but for the purpose of murder. The defendant did not memory the victims with violence, such as the cryping of beer disease or the display of beer.

Therefore, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, as it found the Defendant guilty of attempted murder, although the Defendant had no intention to murder.

B. The lower court’s sentence of unreasonable sentencing (7 years of imprisonment and confiscation) is too unreasonable.

2. Determination

A. 1) In full view of the following facts acknowledged by the evidence duly adopted and investigated, the lower court determined that the Defendant had committed murder at the time of committing the instant crime. (A) The Defendant prepared several beer disease and directly manufactured the beer, which caused oil, and prepared the beer, knife, knife, knife, etc., and then prepared the beer, and the mechanism was closely prepared to commit suicide.

B) The Defendant knew that the victims were in the house at the time of the commission of the crime (such as the victim D, G, etc. prior to the attachment of a fire) but did not commit the crime.

In the end, the crime of this case was committed and the occurrence of a large fire to the extent that the victims' house will be transferred within a short time.

In particular, the victims of the fire have failed to evacuate through the entrance to the entrance of the house, and there is a big problem in the house.

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