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(영문) 서울고등법원 2015.04.09 2014노3964
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant went to go to the scene of the instant crime for the purpose of threatening the victim, and only came to go through three times in the course of physical fighting with the victim, but did not have the intent to kill the victim, but the lower court erred by misapprehending the legal principles or erroneous determination of facts.

B. The sentencing of the lower court (three years of imprisonment, five years of suspended execution) is too unreasonable.

2. Determination

A. In the court below's assertion of misunderstanding of facts or misunderstanding of legal principles, the defendant alleged the same purport that "the defendant merely displayed excessive age while he was the victim's chest and did not have an intention to kill the victim." However, the court below acknowledged the defendant's intentional murder by stating in detail the judgment on the defendant's and defense counsel's assertion "(s) under the title of "the judgment of the court below 3 through 4)" (s). In light of the evidence duly adopted and investigated by the court below, the judgment of the court below is justified, and this part of the defendant's assertion is without merit.

B. Determination of the assertion of unfair sentencing is a condition for sentencing favorable to the defendant, such as: (a) there is no record of criminal punishment except for a punishment of a fine on three occasions due to a double-class crime; (b) the victim does not want the punishment of the defendant; and (c) the victim cannot be said to be more severe than the victim’s personal injury because the victim’s chest only passed through the victim’s chest, even though the victim’s chest was the victim

However, the Defendant suspected of an inappropriate relationship before committing the instant crime and exercised verbal abuse and violence to his spouse, and the circumstances leading to the instant crime were not good. The Defendant was showing that, immediately after committing the instant crime, the Defendant was responsible for the instant crime to the victim and his spouse, etc., and the Defendant was the Defendant.

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