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(영문) 광주고등법원 (전주) 2018.11.20 2018노147
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of the facts or misunderstanding of the legal principles (as to each attempted murder), the Defendant merely displayed a knife to the victims in order to threaten them, and did not intend to kill the victims.

Nevertheless, the lower court erred by misapprehending the legal principles or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (eight years of imprisonment) is too unreasonable.

2. Determination

A. Determination 1 on the assertion of misunderstanding of the facts or misapprehension of the legal principles) The Defendant argued to the same effect as the grounds for appeal in this part, and the lower court rejected the Defendant’s assertion on the grounds of the following circumstances and found the Defendant guilty of this part of the facts charged.

(1) The blade used by the defendant is a deadly weapon to the extent that the blade's length may have a fatal impact on the life of 20 cm and 15 cm, respectively, if the blade's length could have a fatal effect on the life.

② The Defendant was fluor, fluor, face, fluor, etc. of the victim, and the number of the victims was fluored by the Defendant, and the victims was fluored by the Defendant’s act, resulting in the Defendant’s act on the right chest, left part, left part, right part, back part, and part of the ship.

(3) It is difficult to avoid the possibility that the defendant's act would continue to exist until the time of the victims' loss of life, if the victims did not have any help from the victim's resistance or witness to commit each crime by cutting the knife to the victims' knife or setting the knife at their resistance.

④ The victims, “I do not think that the Defendant’s knife should take the Defendant’s knife at an investigative agency,” “I am a pipe of fear so far as I am far far away from the punishment so far,” and “The Defendant scambling the knife of the knife.

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