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(영문) 서울고등법원 2016.12.14 2016노3135
살인미수
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The defendant and the victim of misunderstanding of facts and misunderstanding of legal principles have been living as the married couple for more than 50 years, and have three consciousness, but there are many disputes, but there are no motive for the defendant to kill the victim.

Even on the day of the instant case, the Defendant and the victim were punished for a dispute between the two parties, and the Defendant did not have been able to engage in the instant accident but did not intend to kill the victim.

Nevertheless, the judgment of the court below that recognized the intention of murder is improper.

The sentence of the lower court’s sentencing (two years of imprisonment, confiscation) is too unreasonable.

Judgment

As to the assertion of mistake of facts, the court below rejected the Defendant’s assertion in detail, on the ground that the Defendant asserted the same purport as the grounds for appeal in this part, and on the ground that the court below stated the Defendant’s argument in detail under the title “determination on the Defendant and the defense counsel’s assertion” in the first through 6th

Examining the evidence of this case closely by comparing it with the records, the above judgment of the court below is just and acceptable, and there is no violation of law of mistake of facts as alleged by the defendant.

The defendant's assertion in this part is not accepted.

As to the assertion on unreasonable sentencing, one’s own act is recognized by the Defendant’s own act and then his mistake is divided later, and the crime of this case does not seem to have been committed with the attempted attempted crime and the degree of injury of the victim does not seem to have been serious. After the crime of this case, the Defendant agreed to divorce with the victim, the Defendant did not have any particular criminal record in addition to the case of home protection cases in which the Defendant agreed on two occasions after the crime of this case, and the fact that the Defendant was suffering from illness, such as high blood pressure, etc.,

On the other hand, the defendant has been subject to family protective disposition more than twice by continuously exercising domestic violence against the victim due to the symptoms.

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