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(영문) 서울고등법원 2020.07.22 2020노685
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant merely attempted to cause pain to the victim and did not have intention to kill the victim.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, etc.) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. As to the Defendant’s assertion to the same purport as in the judgment of the court below, the court below determined that the Defendant had been aware or predicted of the possibility or risk of the victim’s death, in full view of the following circumstances, and that at least the Defendant could have been aware of the possibility or risk of the victim’s death at the time of the instant crime.

1) When the Defendant listened to the marine due to the centralized system at the entrance of the simil of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the similation of the son. 2) The son made a statement to the knife of the son by explosion of the son on the day of the crime.

3) At the time of the instant crime, the Defendant stated that “the victim should die.” 4) The tool used by the Defendant for the instant crime is a tool sufficient to kill a person according to the method of using a road, 19.5cm in total length and 10cm in length.

5. The defendant shall stand on the right side of the victim of overroad.

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