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(영문) 대구고등법원 2018.08.29 2018노133
살인미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant had no intention to murder at the time of committing the instant crime.

2) The sentence of the lower court (four years of imprisonment) that is unfair in sentencing is too 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 the grounds for appeal on this part, and the lower court fully recognized or predicted the possibility or risk that the Defendant may cause the death of the victim due to the same act as the criminal facts stated in the lower judgment at the time of the instant case, on the grounds of the detailed statement under the title “determination on the Defendant and his defense counsel’s assertion

Since it is reasonable to see that the defendant had intention to kill the victim, the defendant can be sufficiently recognized.

Accordingly, the defendant's above assertion was rejected.

In light of the following circumstances revealed by the evidence duly adopted and examined by the court below, the court below's aforementioned judgment is just and acceptable, and there is a violation of law by misunderstanding of facts as alleged by the defendant, i.e., ① the victim appears to have been faced with a considerable amount of target due to the crime of this case, ② the defendant taken care of the victim's head and face at the time of the crime of this case, and ② the defendant took care of the victim's neck by hand.

subsection (b) of this section.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the allegation of unfair sentencing by the defendant and the prosecutor, the crime of this case is attempted due to the defendant's report and the dispatch of the police. The crime of this case is attempted to murder because the defendant suspected of the appearance of the victim who is the defendant's wife and tried to kill because the victim's head and face are unfolded several times.

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