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(영문) 서울고등법원 2017.12.14 2017노2034
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

A seized kitchen shall be confiscated by one square meter (No. 1).

Reasons

1. Summary of grounds for appeal;

A. Fact-finding (1) The Defendant was only a kitchen with the kitchen knife in E, but only sustained the upper part in the process of the E’s body, not the Defendant’s kitchen knife with the kitchen knife.

Nevertheless, the lower court found the Defendant guilty of attempted murder among the facts charged.

(2) Even though the Defendant only taken the F’s her face against her her her her buck, and did not take the face several times, the lower court found the Defendant guilty of violating the Punishment of Violences, etc. Act (Habitual Injury) among the facts charged, even though he/she did not have had the F take the front of the face.

B. The punishment sentenced by the lower court (five years of imprisonment, confiscation) is excessively unreasonable compared to the extent of the Defendant’s responsibility.

2. Determination

A. The following circumstances are revealed by the evidence duly adopted and examined by the court below regarding the assertion of misunderstanding about the crime of murdering: ① the victim E clearly stated that “the Defendant had a kitchen knife with the kitchen knife, with the kitchen knife on one hand, and knife two the kitchen knife with the other hand.” ② The victim’s left part part is 4 cm above the victim’s left part and the inner knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

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