(영문) 서울고등법원 2014.11.28 2014노1860 | 리걸엔진

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(영문) 서울고등법원 2014.11.28 2014노1860

살인미수

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment and confiscation) against the Defendant (unfair punishment) is too unreasonable.

B. A prosecutor 1) In light of the legal principle, the Defendant, while recognizing the victim’s side knife with the victim D’s side knife with the victim’s knife, was the intent to allow the occurrence of the above results, so the Defendant’s willful negligence is recognized. Nevertheless, the lower court erred by misapprehending the legal doctrine as to the recognition of the attempted murder, on the ground that the lower court did not recognize the intention of murder, thereby having committed an error of misapprehending the legal doctrine regarding the crime of attempted murder. 2) The sentence of the lower court on the Defendant of unreasonable sentencing is unreasonable

2. Judgment on the misapprehension of the legal principle by the prosecutor

A. According to the following facts and circumstances, the lower court determined that it was difficult to view that there was proof to the extent that there was a reasonable doubt as to the fact that at the time of the instant crime, the Defendant had a criminal intent to kill the victim in a conclusive manner beyond the intent of the injury or in an incomplete manner at the time of the commission of the crime.

1) The knife used by the Defendant in committing the instant crime is the knife that is used when the mother of the Defendant and the Defendant’s mother reduces the fruit, etc. in their residence or rhys and rhyshys. 2) The place where the occurrence of the instant case occurred is a laundry which is an open place in the densely-populated commercial area. The time of the occurrence of the instant case was 18:0

3) The Defendant got knife one time with a knife, set a knife immediately after having knife the victim, and did not attempt to make a subsequent attack. 4) The victim extracted knife knife from the knife and moved out of the knife to the knife on the road, and the Defendant remains at the place of crime without driving away the victim by the knife.

5. The above.

유사 판례

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-부산고등법원 (창원) 2019.01.09 2018노257

-서울고등법원 (춘천) 2015.11.11 2015노128

-서울고등법원 2015.04.14 2015노345

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