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(영문) 서울고등법원 2016.06.23 2016노924
살인미수
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the Defendant (unfair sentencing) sentenced by the lower court (two years of imprisonment, three years of suspended execution, and confiscation) is too unreasonable.

B. Prosecutor 1) The lower court acquitted the Defendant of the facts charged in the instant case (the charge of attempted murder) on the premise that the Defendant did not have any intention to murder because of the misunderstanding of facts and the misapprehension of legal doctrine, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination

A. The lower court, based on the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine, found that the evidence submitted by the Prosecutor alone, with a detailed explanation of the grounds for determination, proves that the Defendant had had had had had had had had had had had had had had had had had had had had had had

As it is difficult to see it, the lower court acquitted the Defendant on the primary charge of murder (the attempted murder) of this case.

The following circumstances acknowledged by the evidence duly adopted and investigated by the court below in the court below, namely, ① the victim seems to have knife and knife in the court of the court below with the knife and knife in the court of the court of the court below.

The statement, 2. The victim's statement in the witness statement that was made after the instant case shall also be knife on the knife with the knife as to the knife of the knife.

As the birth in the private village seems to be able to tang with the defendant as it appears in the middle, there has been a large number of accidents.

Defendant’s death interest

In light of the fact that the Defendant stated that it was not the same, the lower court’s determination is justifiable.

B. Determination of unfair sentencing by both parties is an unfavorable circumstance, such as the fact that the defendant found in the victim’s house and inflicted an injury on the victim by breaking knife and knife, and the injury suffered by the victim.

However, the injured person is the wife and the inhumanity of the defendant.

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