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(영문) 부산고등법원 2015.03.19 2014노732
살인미수등
Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

2. Of the lower judgment.

Reasons

1. Summary of grounds for appeal;

A. Part 1 of the Defendant case: (a) the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) committed an injury in light of the victim’s head, face, etc. as indicated in the facts charged; (b) the Defendant, at the main point of the instant case on the day of the instant case, was able to satise with the victim first, and satisfed with fat, and fatd with fat; and (c) immediately thereafter, the Defendant satisfed with the victim again outside of the main point and fatd with fatd with the victim, and did not have any intent to kill the victim.

Nevertheless, the court below rendered a guilty judgment on the charge of attempted murder of this case. The court below erred by misunderstanding the facts, which affected the conclusion of the judgment.

B) In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence imposed by the lower court (two years and six months of imprisonment) is too unlimited and unfair.2) In light of the various sentencing conditions in the instant case, the lower court’s above sentence is too unreasonable and unfair.

B. In light of the Defendant’s criminal history, the details, motive, background, means and consequence of the instant crime, and the circumstances after the instant crime, etc., the Defendant is highly likely to repeat murdering.

Nevertheless, the judgment of the court below which rejected the defendant's request for attachment order, is erroneous in misconception of the risk of recidivism in the attachment order.

2. First of all, we examine the Defendant’s assertion of mistake of facts regarding the part of the Defendant case.

A. The summary of the facts charged is that the Defendant, around 02:00 on April 9, 2014, performed alcohol at the D main points located in Ulsan-gu, Ulsan-gu, and female employees did knife a beer’s knife on the beer’s disease, and such female employees did not knife the beer’s victim E (44 years of age).

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