logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2016.06.02 2015노682
살인미수등
Text

1. The part concerning the crime Nos. 1 and 2 of the judgment of the court below shall be reversed.

2. As to the crimes No. 1 and No. 2 of the judgment of the defendant

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts or misunderstanding of legal principles did not intend to kill the victim E, and the Defendant has a knife in order to put the knife, and the Defendant was knife with the intent of injury.

Nevertheless, the court below found guilty of attempted murder. The court below erred by misunderstanding the facts or misunderstanding the legal principles.

2) Even if all of the charges of sentencing are found guilty, the sentence imposed by the court below (7 years of imprisonment with prison labor for the crimes No. 1 and No. 2 in its holding, 6 months of imprisonment with prison labor for the crimes No. 3 and No. 4 in its holding) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts or legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: (i) the Defendant prepared a blade to commit a crime against the victim E; (ii) the blade’s length reaches 21cc; (iii) the Defendant was a deadly weapon that may cause fatal harm to the human body by towing the blade and the blade’s length; (iv) the Defendant was seated adjacent to the victim; (v) the Defendant was knife with the knife with the knife and the knife with the knife and the knife with the knife and the knife with the knife; and (v) the Defendant’s knife with the knife and the knife with the knife and the knife with the knife and the knife with the knife at the time of the crime.

subsection (b) of this section.

Therefore, this part of the defendant's assertion is rejected.

(b) the defendant;

arrow