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(영문) 서울고등법원 2012.11.30 2012노3060
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

One set of excessive (11cm in blade) seized.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, did not have any intention to kill D, on the ground that the victim D was placed on the floor, and did not have any intention to kill D.

Nevertheless, the court below erred by misapprehending the legal principles or misunderstanding the fact that the court below recognized the defendant's attempted murder.

B. Even if the facts charged in the instant case are found guilty, the lower court’s sentencing that sentenced three years of imprisonment to the Defendant is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of the legal principles, I first examine whether the defendant was graduate of D's title.

The court below, based on the adopted evidence, found the following circumstances: (a) it is difficult for the defendant to find out the circumstances and circumstances that he made up of his own timber in a concrete and highly fluence from the investigative agency to the court of the court below; (b) according to the images of the photograph taken up on the part of D after the crime of this case, it is consistent with the above D's physical pressure; and (c) each of the above statements made at the police, the prosecutor's office, and the court of the court below are different from those made at G 5 to obtain D at the time of the crime of this case; or (d) the above statements made by the defendant are consistent with D's statements at the time of the crime of this case and consistent with D's statements at the time of the crime of this case; and (e) the defendant was unable to reject the credibility of the above statements made at the time of the crime of this case, even if he made a statement at the court of the court below's rejection of the credibility of D's statements due to its credibility.

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