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(영문) 서울고등법원 2016.12.23 2016노3385
살인미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (four years of imprisonment) imposed by the court below on the defendant is too unreasonable.

B. Prosecutor 1) In light of the fact-finding fact-finding fact-finding Defendant’s chest part of the victim’s chest that is highly likely to lose his/her life, and the knife’s knife that the knife’s knife’s knife’s length is 22 cm and is very fatally knife, and the Defendant prepared in advance and possessed it at the scene of the crime, the Defendant’s intention of murder is recognized. 2) The sentence imposed by the lower court of unfair sentencing is too uneasible and unreasonable.

2. Determination:

A. The court below's determination on the prosecutor's assertion of mistake 1) acknowledged the fact that the defendant purchased knife and knife the victim's house and did an act to knife the victim's house, but it seems that the victim would not put the victim's chest into the hand floor if the defendant reached knife so far, it would be difficult for the prosecutor to find the defendant guilty. ② The defendant committed an act to knife the victim's chest for the purpose of threatening the victim or injuring the victim, and it is difficult to avoid the possibility of suffering the above injury in the course of pushing the defendant by hand to defend the victim. ③ The defendant did not leave the knife with the resistance of the victim, and even if the victim does not escape completely from the defendant, it is difficult to recognize the defendant's intention to injure the victim, in light of the fact that the defendant voluntarily abandoned the knife, and there was no error in the judgment of misconception of facts by the prosecutor.

Therefore, the prosecutor's mistake.

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