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(영문) 대구고등법원 2015.10.06 2015노371
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, at the time of the instant crime, tried to commit the instant crime, but did not have the intent to murder with the victim. (2) The Defendant was in a state of mental disorder or mental disorder under the influence of alcohol at the time of the instant crime.

3) The lower court’s sentence of unreasonable sentencing (one-year imprisonment is too unlimited and unreasonable).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court also asserted the same purport as this part of the grounds for appeal, and the lower court determined that the Defendant could have had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had

Examining the above judgment of the court below after comparing it with the records, the judgment of the court below is just, and it cannot be said that there is an error of mistake of facts as alleged by the defendant.

Therefore, this part of the defendant's assertion is rejected.

B. According to the record as to the Defendant’s mental and physical disability assertion, even though the Defendant was deemed to have drunked at the time of committing the instant crime, in view of the following: (a) the background leading up to the instant crime; (b) the means and method of committing the instant crime; (c) the circumstances after committing the instant crime; and (d) the circumstances after committing the instant crime, in particular, the Defendant concealed the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

It does not seem that there was or was a weak state.

Therefore, the defendant's objection.

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