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(영문) 서울고등법원 2020.02.13 2019노1756
살인미수
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for not less than two years and six months.

Aknife knife knife (No. 1), knife.

Reasons

1. Summary of grounds for appeal;

A. Error of facts, misunderstanding of legal principles, the Defendant did not have any knife the victim. 2) Even if the Defendant knife the victim, the Defendant did not have any intention to murder.

3) Even if the Defendant reached knife with the victim, the Defendant’s act constitutes self-defense or legitimate act, and thus, the Defendant’s act constitutes self-defense or legitimate act. B. Punishment sentenced by the lower court of unreasonable sentencing (limited to four years of imprisonment and confiscation) is too unreasonable.

2. Determination

A. 1) Determination of the Defendant’s assertion of misunderstanding of facts or misapprehension of legal principles on the assertion that there was no victim’s knife with the body of evidence duly adopted and investigated by the lower court, and the Defendant considered the following facts and circumstances as a whole, it is recognized that the Defendant tried to have knife the body of the victim once with the knife at the time of committing the instant crime. Accordingly, this part of the Defendant’s assertion is not accepted. (1) The victim made a statement from the investigative agency to the court of the lower court that the Defendant knife knife and tried to knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

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