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(영문) 대전고등법원 2018.03.23 2017노459
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The fact-misunderstanding that the Defendant intentionally committed the instant crime by murder is sufficiently recognized by the evidence submitted by the prosecutor.

Nevertheless, the lower court did not recognize the Defendant’s intentional murder, and in so determining, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence of the lower court’s improper sentencing (two years of imprisonment, three years of suspended sentence) is too uneasy and unreasonable.

2. Determination:

A. (i) The lower court’s judgment on the charge of attempted murder was prosecuted on the charge of the charge of attempted murder, taking into account the following circumstances, which can be duly admitted by the evidence, and the Defendant had the intent to murder at the time of committing the instant crime.

It is difficult to see

In light of the above, the defendant was found not guilty of attempted murder, but guilty of special injury included in the above facts charged.

① The Defendant, along with the victim immediately before the instant case, dumped alcoholic beverages in the form of restaurant, singing room, both singing room, and the restaurant, sing room, and convenience store, and continued to drink alcoholic beverages. As such, the Defendant was in a state of drinking, when she reached the victim’s sing room.

only can be seen (Evidence No. 30, 31, 42, 43, 170, 171 of the evidence record), and there is no particular motive for the defendant to kill the victim in a pro-friendly relationship.

② When the Defendant fights against the victim in his body while engaging in a dispute with the victim in studio, and the victim took the chest side of the Defendant’s chest by taking over the Defendant’s chest by the Defendant’s flash-man’s hand over his room, the Defendant concealed the damaged person’s excessive credit from the victim before the crime was committed.

“The crime committed in the course of memorying the horses is also found under the bottom of the detention victim, and immediately sticking the excessive amount on the back side of the victimized person (Evidence Records No. 32, 168 pages). In light of the above circumstances, the victim is forced.

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