(영문) 대전고등법원 2020.02.14 2019노506 | 리걸엔진

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(영문) 대전고등법원 2020.02.14 2019노506

살인미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

A seized knife (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1 did not have any intention to kill the victim. 2) The Defendant was under the influence of alcohol at the time of committing the instant crime, thereby having weak ability to discern things or make decisions.

3) The lower court’s sentence of unreasonable sentencing (two years and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. The lower court also asserted that the Defendant had the same purport as the grounds for appeal in this part, and the lower court determined that, in full view of the following circumstances, at least the Defendant could have sufficiently recognized that there had been negligence of murder at the time of committing the instant crime.

① From the main point, the Defendant cited knife and knife the victim’s house to the victim’s house, and used it for committing the crime.

② The blade is a deadly weapon with a total length of 35 cm and 22 cm in length.

③ The Defendant knife the victim’s left side side by the knife, so far as the knife led to the knife to the side of the victim, such as the victim.

The depth of the upper part 15 cm

(4) As above, the Defendant appears to have been aware of the fact that the victim’s knife could have died due to damage to the organizations essential for the maintenance of life and blood transfusion, so long as it is hard to maintain the victim’s clothes.

(5) The Defendant, immediately after committing the crime, fledd, carried a knife, knife, and tried to drive away the victim immediately before the convenience store.

In light of the evidence duly adopted and examined by the court below and the records of this case, the above judgment of the court below is just and acceptable, and there is no error of law of misunderstanding of facts as alleged by the defendant.

Therefore, the defendant's above assertion is not accepted.

B. The assertion of mental disability.

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