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(영문) 대구고등법원 2018.08.09 2018노227
살인미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair sentencing)’s sentence imposed by the lower court on the Defendant (a prison term of three years, a suspended sentence of four years, and a 160-hour community service) is too unreasonable.

B. Prosecutor 1) Fact-misunderstanding (the part not guilty, which is the primary charge of murder) that the injured party argued with the injured party, takes two knife (15cm in length and 30cm in length of the knife) knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

that such approval may be sufficiently recognized

I would like to say.

Nevertheless, at the time of committing the instant crime, the lower court sufficiently proven that there was no reasonable doubt as to the Defendant’s intentional murder.

It is insufficient to view it.

On the other hand, the lower court acquitted the charge of attempted murder, which is the primary charge.

In this judgment of the court below, there is an error of law that affected the conclusion of the judgment by misunderstanding facts.

2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts, the summary of this part of the facts charged (main facts charged) and the victim D(48 years old) are employees working together in the “F” restaurant located in Daegu Jung-gu, Daegu-gu.

On February 4, 2018, the Defendant, at the “F” restaurant around 02:33, sought a knife with the victim and G while making a high-saw dispute with the victim. The Defendant, while taking a knife with the victim and G, found the knife of the Defendant’s head as his hand.

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