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(영문) 서울고등법원 2019.05.10 2019노228
살인등
Text

The defendant's appeal is dismissed.

The prosecutor's request for attachment order shall be dismissed.

Part 2 of the judgment of the court below is third.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine, even though the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) did not have the intent to kills the victim with a knife or murder the victim.

The circumstances at the time of the case are as follows.

The defendant parked his vehicle while driving and brought about a dispute with the victim on the ground of money relationship with the victim.

The defendant put a knife (the defendant was under custody for the purpose of deceiving or threatening D) that was kept in the back seat of the vehicle on the back of the victim so as to put the knife above the vehicle contact head.

The defendant's behavior also does not chill the victim, and the defendant took a attitude that threatens the victim as a knife with the knife hand, towards the victim, and the victim with the knife knife knife knife knife knife kn

The defendant was found to have his hand in order to roots the victim's hand, and the victim has more power to leave his hand, and the defendant and the victim are faced with their body within a narrow narrow vehicle, such as butterti, while the defendant and the victim are fighting with their body, the defendant's body was flicked, and the body of the defendant was flicked toward the victim's chest. In that process, the victim's chest was flicked in the knife, which was flick by the defendant's hand, without knowledge of the defendant, led to the death of the victim.

B. The lower court’s sentence of unreasonable sentencing (16 years of imprisonment, confiscation) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court determined that the Defendant killed the victim with intent to murder and knife.

On the body of the victim, the knife in two fiff and six benents were confirmed.

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