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(영문) 서울고등법원 2015.12.04 2015노2407
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that there was no motive for the Defendant to kill the victim living together on the premise of marriage, and there was no motive for the Defendant to kill the victim on the premise of marriage, it should be deemed that the Defendant had no intention to kill the victim at the time of committing the instant crime.

Nevertheless, the lower court erred by misapprehending the legal doctrine as to intentional murder on the part of the Defendant.

B. When committing the instant crime with mental disability, the Defendant was in a state of weak mental and physical health by drinking, but the lower court did not have any legal mitigation due to mental and physical disability.

C. The Defendant voluntarily surrendered after committing the instant crime.

Nevertheless, the lower court did not err by misapprehending the legal doctrine on self-denunciation.

The sentencing of the lower court on the grounds of unfair sentencing (four years of imprisonment) is too unreasonable.

2. Determination

A. According to the defendant's assertion of denial of criminal intent, the defendant thought that he/she would have to kill the victim without fail, and he/she did not put the victim in a knife.

However, according to the court below's proper decision, ① the Defendant, as the knife of the food knife knife of the Defendant committed the crime, reached knife with the victim's knife, and ② thereby, the victim led to a serious injury, such as damage to the ledger, by passing through the knife and passing the knife, and ③ the knife knife knife knife knife knife knife knife knife knife was damaged, the victim was dead at least at the time of the crime of this case.

Therefore, the judgment of the court below is justified, and this part of the defendant's assertion is not accepted.

B. The defendant's judgment as to the claim of mental disability.

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