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(영문) 서울고등법원 2019.10.10 2019노1347
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

A knife knife knife knife No. 1.

Reasons

1. Summary of grounds for appeal;

A. Error 1) The Defendant cited a knife at the time of the instant case, but there was no fact that knife the victim was knife, and the victim was self-harmed. 2) Even if the Defendant knife the victim, he did not have the intention of murder.

B. The sentence imposed by the court below (7 years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. 1) The defendant alleged that he did not have a victim as a knife at the court below's judgment on the assertion that he did not knife this part of the appeal, and the court below rejected the above argument in detail by explaining the defendant's argument and its judgment on the third to sixth to the third to sixth acts of the court below. In comparison with the above judgment of the court below, the judgment of the court below is just and acceptable, and there is no error of misconception of facts as alleged by the defendant. Therefore, this part of the defendant's argument that the defendant did not have a intention to murder is without merit. 2) The court below rejected the above argument in detail with the defendant's argument and its judgment on the third to seventh acts as alleged in this part of the appeal at the court below, and the judgment of the court below is just and acceptable, and it is not erroneous in the misapprehension of facts as alleged by the defendant.

Therefore, this part of the defendant's argument is without merit.

B. The instant crime of determining unfair sentencing is committed with respect to the Defendant’s attempt to kill the victim’s side of the kitchen knife with the victim’s religious mind and with the kitchen knife, and the victim’s body part, which may cause danger to the life of the victim, is knife.

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