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(영문) 부산고등법원 2020.06.11 2020노28
살인미수
Text

The defendant's appeal is dismissed.

The main text of the judgment of the court below is as follows: one industrial knife (No. 1) which has been seized.

Reasons

1. The court below rendered a judgment dismissing the prosecutor’s request regarding the part of the defendant’s case and the part of the case for which the request for the attachment order was filed, and there is no benefit of appeal regarding the part for which the request for the attachment order was filed.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring of Specific Criminal Offenders, the scope of inquiry by this court shall be limited to prosecuted cases and the request for attachment order shall be excluded.

2. Summary of grounds for appeal;

A. A. The Defendant committed the instant crime under the state that the Defendant was imprisoned due to the alcoholic beverages running up to a few times of a flat alcoholic beverage and lacks the ability to discern things or make decisions.

B. The lower court’s sentence (five years of imprisonment, etc.) imposed on the Defendant is too unreasonable.

3. Determination

A. The Defendant also asserted that the judgment of the court below is identical to the grounds for appeal in this part, and the court below rejected the above assertion in detail on the Defendant’s assertion and its judgment.

The following facts and circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, namely, the Defendant was suspected of having raised doubt about the appearance of the ordinary victim, drinking alcohol on the day of the commission of the crime, and was influence of his wife on the day of the commission of the crime.

The victim committed the instant crime on the ground that he was aware of his disregarding himself, and the victim’s head, i.e., knife the victim’s knife with an industrial knife, or the victim’s head, who was deprived of his consciousness of her draft, seems to have expressed suspicion and misunderstanding about the victim at the time of committing the instant crime, such as “the knife, last, and last telephone,” and “the knife the victim’s knife.e., the victim’s death.”

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