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(영문) 부산고등법원 (창원) 2013.09.06 2013노76
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In view of the mistake of facts and misapprehension of legal principles, the relationship between the Defendant and the victim, the type, usage, the intensity of the crime committed by the Defendant, the circumstances leading up to the instant crime, the motive, place, etc., the first instance court recognized that the Defendant had no intention to commit the murder even though he did not have intention to commit the instant crime.

In this case, the first instance court erred by mistake and misunderstanding of legal principles.

B. The sentence sentenced by the first instance court of unfair sentencing (the three-year suspended sentence, four-year suspended sentence, confiscation, etc.) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts and misapprehension of legal principles in the first instance court, the defendant argued the same purport as the reasons for appeal in this part, and the first instance court rejected the defendant's assertion in detail with diverse reasons stated in the written judgment in the title "the judgment on the defendant and his defense counsel". In comparison with the records, the first instance court's judgment is just and acceptable. Thus, this part of the defendant's assertion is without merit.

B. As to the assertion on unfair sentencing, the Defendant recognized a considerable portion of the instant crime, and expressed an attitude of pening as to the allegation on unfair sentencing, and there are favorable factors for sentencing, such as the following: (a) the attempted crime was committed; (b) the offender was reported to the police; (c) the offender immediately after the crime was committed; (d) the victim and his family members requested to report to the police; (c) the victim and his family members were in favor of the Defendant; and (d) the victim and their family

However, the defendant prices the head of a victim who has a chain of interest with a deadly weapon, and makes the victim escape from a scrupt with a scrupt, so that the victim's escape falls into a scrupt, which is very dangerous and poor, and the victim seems to have suffered physical and mental shock and pain.

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