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(영문) 서울고등법원 2017.04.20 2017노29
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor, such as mistake of facts, the court below acquitted the Defendant on the attempted murder of the Defendant with the intention to murder D and found the fact that the Defendant attempted to murder with knife, but the court below acquitted him of the attempted murder and convicted him of the special injury. The court below erred by misunderstanding of facts and misunderstanding of legal principles.

B. The sentence of the lower court’s improper sentencing is too uneasible.

2. Determination

A. On August 19, 2016, at around 03:30 on August 19, 2016, the summary of this part of the facts charged is that the Defendant had not paid a congratulatory money at the Defendant’s house located at the Defendant’s house located at 105 Dong 203 and 203, Da (57 m) of the Defendant’s child marriage ceremony, and caused a dispute between the Defendant and his children, and caused a knife to kill D by taking the knife knife (17cm in length on the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

E reported the above acts of the Defendant, cut off the knife, prevented the Defendant from leaving the door by leaving the door and closing the door, and blocking the Defendant.

The defendant opens a door.

D, while making it difficult for E to open a door with his body, it was intended to kill the entrance of the apartment with D from the front door to the first floor fire force, while E was reported by the Defendant, and the police officer who received a report at that time was dispatched to the Defendant, and the Defendant did not escape and failed to commit an attempted crime.

2) The lower court’s determination may recognize the fact that the Defendant inflicted a knife part of D with a knife, a dangerous article, on the part of the Defendant, with knife, but comprehensively based on the adopted evidence.

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