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(영문) 부산고등법원 (창원) 2017.06.14 2017노89
살인미수등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant’s defense counsel asserted that “the Defendant did not have any intention to murder the Victim L at the time of committing the crime of attempted murder of this case” in the statement explaining the grounds for appeal submitted on May 29, 2017 after the deadline for submitting the appeal, but the initial statement of the grounds for appeal does not include any assertion of mistake as to the above facts. Therefore, the aforementioned assertion of mistake is filed after the lapse of the period for filing the appeal, and it cannot be a legitimate ground for appeal.

B. Even upon ex officio review, the murder’s intentional intent is not necessarily deemed to have the intention of murder or planned murder, but is likely to cause the death of another person due to his/her own act, such as his/her assault, or if he/she knew or predicted that there was a risk of death.

The following circumstances are acknowledged by the evidence duly admitted and investigated by the lower court (see, e.g., Supreme Court Decision 2015Do5355, Oct. 29, 2015). In other words, the victim L, at the time of the police investigation, asked the person in the highest head to “if the person in the highest head was at the highest head I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I you would like to say, and it was not consistent with the first male who was at the lower court.

K and J have escaped, and knife knife knife knife knife knife knife.

The statement "(Evidence No. 2, No. 180 of the Evidence Record)" is stated as ", ② A person who intends to be cleeped by the victim L is G, and the defendant who was next in this case appears to have knife the right side from the side of the victim L, etc., and ③ the defendant was suffering from the two knife spread of the victim L, and the victim's wife was strong enough to wear approximately 5 to 7cc depth.

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