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(영문) 서울고등법원 2017.10.12 2017노1249
살인예비등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

On the summary of the grounds for appeal, there is no fact that the defendant prepared to murder K with the intent of murdering the defendant.

As to the attempted murder, the defendant knife S with S, but this is merely an contingent act, and there was no intention to murder with H, etc.

Nevertheless, the judgment of the court below convicting each of the facts charged of this case is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

The punishment sentenced by the court below (six years of imprisonment) is too unreasonable.

Prosecutor: The sentence sentenced by the court below is too unfortunate and unfair.

Judgment

As to the assertion of misunderstanding the facts as to the Defendant’s preparation for murder, the lower court, in addition to the purpose of committing the murder crime as stipulated in Article 255 and Article 250 of the Criminal Act, should have the intention to prepare for murder in addition to the purpose of committing the murder crime as stipulated in Article 255 of the Criminal Act, in order to establish a preliminary crime for murder under Article 250 of the Criminal Act at the time of the sale, and should have the preparation

The preparation here is not limited to physical things and there is no special specific punishment, but there is the intention or plan of the crime merely.

Based on the evidence used by the investigation agency, M was assaulted by the Defendant, etc., who is the captain of a violent organization in Japan, to the K Ha, who is the captain of another Korean violent organization in Korea, in accordance with H’s direction for the purpose of retaliation against K, and thereby concealed dangerous weapons such as knife, knife and knife, and golf, under H’s instruction. The Defendant, with the inside of the inside of the inside of the inside of the inside of the part of the case, led to a knife knife to the knife knife knife as well as knife knife as knife knife.

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