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(영문) 대구고등법원 2014.06.12 2014노108
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

Summary of Grounds for Appeal

The defendant gets a knife with a knife and had no intention to kill the victim.

At the time of the instant crime, such as misunderstanding or over-defense, the Defendant committed a crime with kitchen knife the part of the victim with a kitchen knife in order to defend the unfair infringement of his/her own life or body due to the fear, fear, light, entertainment, or confusion that he/she was unable to know the Korean horses well at the time of the instant crime, and that he/she was under uneasible circumstances due to his/her work, and that he/she was under uneasible circumstances. Therefore, such Defendant’s act constitutes excessive defense, erroneous defense, or excessive defense.

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

Judgment

As to the assertion of mistake of facts, the defendant made the same assertion as the grounds for appeal in this part in the court of original instance, and the court of original instance thought that he would die of the victim, and then he thought that the kn's kn's k's kn's k's k

The knife ( approximately 30 cm in length, about 10 cm in width) that knife knife on the knife household in the warehouse, and knife the victim by approaching the back of the victim who knife knife knife and knife on the deck and maintained the fishing market.

I tried to kill the victim's timber not only to fiff but also to fife the victim's timber.

Now was trying to be included in the victim’s title, but the knife was well known to him.

“The statement” (Evidence No. 140, 141 of the Evidence Records), 2. The victim, at the police, did not use the knife, the knife used at the time in which knife fishing is carried out, and the knife is well known.

If the defendant did not actively defend the knife at the time, knife knife knife knife knife knif

“......”

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