logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 (청주) 2013.11.28 2013노155
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts has reached knife the left shoulder of the victim, and did not have a knife the part of the victim. At the time of the instant crime, at the time of the instant crime, the victim was committed with a knife and continued to talk with C while showing a knife with C, and did not have an intent to kill the victim.

B. The lower court’s imprisonment (three years of imprisonment, confiscation) against the Defendant claiming unreasonable sentencing is too unreasonable.

2. Determination

A. The Defendant denied this part of the facts charged while asserting the same purport in the lower court’s determination on the assertion of mistake of facts, and the lower court rejected the Defendant’s defense by rendering a judgment based on the evidence duly adopted and examined by the lower court as follows.

1. The defendant recognized the facts recorded in the facts of the crime as a substitute, but asserts that the victim's left shoulder has reached knife, and that there is no fact that he has knife the victim's clothes.

However, according to the evidence duly adopted and examined by this court, the victim's statement, injury diagnosis report, and victim's body photo in the investigative agency and this court, it can be recognized that the defendant has a part of the victim's body only once using the knife at the time. Thus, the above argument by the defendant and the defense counsel is without merit.

2. At the time of committing the instant crime, the Defendant asserted that, while displaying the promise of the victim to not meet C with C and continuing to meet C, the Defendant carried a knife to threaten C and Mana, and that he did not have an intent to kill the victim only in the process of threatening C and Mana with the victim.

Criminal intent in murder is not necessarily considered to be the purpose of murder or the intention of planned murder.

arrow