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(영문) 서울고등법원 2019.05.30 2019노130
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts did not feel much of the risk of provisional use for batteries, and the Defendant did not intentionally commit an injury to the victim. 2) The Defendant did not intentionally commit an attack for the purpose of impairing the victim’s self-defense or excessive defense. Thus, the Defendant’s act cannot be deemed an attack.

3) The sentence imposed by the lower court of unreasonable sentencing (seven months of imprisonment) is too unreasonable and unfair. B. Prosecutor 1) In view of the motive and background of the Defendant’s attacking the victim, the method and degree of the offence, etc., the Defendant’s intentional murder is recognized.

2 The above-mentioned sentence sentenced by the court below is too uneasible and unfair.

2. Determination

A. 1) Determination of the Defendant’s assertion of mistake in the lower court also asserted the same purport as the grounds for appeal in this part, and the lower court rejected the above assertion in detail by providing a detailed statement of the judgment on the above part’s grounds for appeal No. 6 through 7(a). In full view of the facts and circumstances in the judgment and the evidence duly admitted and investigated by the lower court, the lower court’s judgment is sufficiently acceptable, and there is no error of mistake of facts as alleged by the Defendant. Therefore, this part of the Defendant’s assertion of self-defense or excessive defense is without merit. 2) The Defendant asserted the same purport as the grounds for appeal in the lower court, and the lower court rejected the above assertion in detail by providing a detailed statement of the judgment on the aforementioned grounds in Articles 7 through

In full view of the facts and circumstances found by the evidence duly adopted and investigated by the court below, the above judgment of the court below is sufficiently acceptable, and there is no error of misunderstanding of facts as to self-defense or excessive defense or misunderstanding of legal principles as alleged by the defendant.

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