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(영문) 서울고등법원 2013.12.05 2013노3249
살인미수등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Defendant of the Prosecutor.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”).

(A) The Defendants committed the crime in B) committed the murder committed by the victim N, with the intention of the victim at the scene of the murder committed by the victim's behavior, and the Defendant A calculated the head of the victim N with the brick in his workplace, and Defendant B committed the assault of the above victim who was used to purchase the knife again after the knife, and thus, the Defendant B committed the above victim's intentional murder and the conspiracy with the Defendant A. However, the lower court erred by misapprehending the legal doctrine and misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B) While Defendant B, who attempted to murder with the victim’s victim’sO, got off the victim’s victim’s victim’s victim’s victim’s front seat board due to considerable size and weight, the above victim’s front seat board was demoted and the above substitute seat board was divided, and thus, the above substitute seat board was recognized at the time, the lower court erred by misapprehending the legal principles and misunderstanding the facts charged, thereby adversely affecting the conclusion of the judgment. 2) The Defendant A’s attempted murder with the victim’s victim’s victim’sO, based on the perception of misunderstanding of facts or misunderstanding of legal principles, was committed at the scene of the attempted murder, thereby making the victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s death with the victim’s victim’s victim’s victim’s victim’s victim’s victim’s victim’s face and body head, and even if the Defendant B was found to have a conspiracy relation with Defendant B, this part of the facts charged,

B. The lower court’s sentence on the Defendants of unreasonable sentencing (the 4 years of suspended execution on the 3-year imprisonment with labor for Defendant A, and the 3 years of suspended execution on the 2-year imprisonment with labor for Defendant B) is too unjustifiable and unfair.

2. Determination: Ga. Ga.

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