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(영문) 부산고등법원 2017.04.20 2017노55
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Despite the fact-finding or misunderstanding of the legal principles (the part concerning the attempted murder as indicated in the judgment of the court below), the Defendant did not have the intent to murder beyond the intent of special injury to the Defendant at the time of making the back head of the victim on account of the circumstances as stated in paragraph (1) of the criminal facts as indicated in the judgment of the court below, the court below

In light of the above facts charged, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

B. The Defendant was in a state of mental and physical weakness due to depression and drinking at the time of each of the crimes in the judgment below (as to each of the crimes in the judgment below).

(c)

The punishment sentenced by the court below to the defendant (one year of imprisonment, etc.) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, the Defendant asserted the same purport in the lower court, and the lower court found the Defendant guilty of this part of the facts charged on the ground that, on the basis of the circumstances acknowledged by the evidence in its holding, the lower court found the Defendant guilty of this part of the facts charged on the ground that it was sufficiently recognized that the Defendant had committed murder at the time of making the victim's back head of the crime, which is a dangerous object under the same circumstance as

Examining such judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just and acceptable, and there is an error of law as alleged by the defendant.

Therefore, this part of the defendant's assertion is without merit.

B. As to the assertion of mental disorder, in light of the details, means and method of the crime of attempted murder, and the circumstances before and after the crime, etc., which were duly adopted and examined by the court below, the defendant committed the crime of attempted murder.

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