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(영문) 서울고등법원 2017.04.13 2017노160
살인미수
Text

The judgment below

The part of the case of the defendant is reversed.

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

A seized knife (L.)

Reasons

The court below dismissed the prosecutor's request for attachment order while pronounced guilty of the defendant's case, and only the defendant appealed.

Therefore, there is no benefit in the appeal regarding the part of the request for attachment order, and therefore, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the request for attachment order among the judgment below is excluded from the scope of the trial of this court

The Defendant had no intention to murder at the time of committing the instant crime.

The punishment sentenced by the court below (4 years of imprisonment, 4 years of confiscation) is too unreasonable.

Judgment

In regard to the assertion of mistake of facts, the court below also made the aforementioned assertion in the court below, and the court below comprehensively considered the adopted evidence, namely, the following circumstances: (i) the food knife used by the defendant is sufficient to kill a person or spack the sprink, etc.; (ii) the defendant has reached knife with a knife so as to force the victim's back timber, buckbucks, etc.; and (iii) the defendant has reached knife with a knife, about 5cm in length, about 3cm in depth, about 4cm in length, about 5cm in buckbuck, about 5cm in depth, and about 5cm in depth

4. The Defendant had the intent to murder at the time of committing the instant crime by taking account of the Defendant’s attitude after committing the instant crime

It is reasonable to view it.

The decision was determined.

The circumstances revealed by the court below in light of the evidence duly adopted and examined by the court below, i.e., the victim, who was sentenced to a punishment for the crime of injury and completed the execution thereof, was at least twice the face of the defendant at the end of the dispute between the defendant and the defendant, and the defendant was sufficiently sprinked and brought about a knife in the kitchen, brought about a knife in the kitchen, and deep spuckbucks of the defendant in depth, and ii) the victim's left side.

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