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(영문) 대전고등법원 (청주) 2019.07.04 2019노10
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) At the time of committing the instant crime, the Defendant and the person requesting the attachment order (hereinafter “Defendant”)

(2) The court below erred in the misapprehension of legal principles or erroneous determination of facts in finding the Defendant guilty of attempted murder, which is the primary charge, even though it was acknowledged that the Defendant planned murder in advance and attempted to blring and murder gasoline for the victims, and that there was no intention to commit murder, and that the court below acquitted the Defendant of attempted murder, which is the primary charge.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, and two years of suspended execution) is too uneasible and unfair.

2. Determination

A. On July 16, 2018, the main point of the facts charged is as follows: (a) the Defendant: (a) called the victim’s restaurant; (b) 06:30 on July 16, 2018, in response to the victim’s oral dispute; (c) the victims were forced to kill the victims; (d) the victims were exposed to the restaurant operated by the victims at around 09:04 on the same day; and (e) the victim was discovered B at the end of the restaurant; and (e) the victim was able to clean up the human body; and (e) the victim was purchased at the head of the victim’s head in the vicinity of the immediately preceding year; (e) the victim’s body was flicked; (e) the victim’s body was flicked; and (e) the victim’s body was flicked; and (e) the victim’s body was flicked; and (e) the victim’s ck was cked with the victim’s remaining after the Defendant’s injury.

B. The lower court’s judgment: (a) the Defendant calls or calls for the victims of peace.

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