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(영문) 부산고등법원 2014.11.13 2014노375
살인미수등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Part of the defendant's case

A. The summary of the grounds of appeal 1) The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") committed the crime of murder in this case. The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendant") had a knife for the victims to take the knife and knife the victims to take the knife the knife, but the defendant did not put the knife the victims, and there was no intention to kill the victims, and there was no intention to kill the victims. Nevertheless, the court below found the victims guilty of the charges of attempted murder in this case. Thus, the judgment below erred by misapprehending the facts, which affected the conclusion of the judgment.

3) In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence imposed by the lower court (a 8 years of imprisonment and 1 knives confiscation that was seized) is too unreasonable and unfair. (b) As to the assertion of misunderstanding of facts, the Defendant at the lower court, as alleged in this part of the grounds for appeal, has argued in the lower court. The lower court rejected the Defendant’s assertion in addition to the detailed judgment under the title “Judgment on the Defendant and his defense counsel”. The gist of the judgment is as follows.

- The summary of this part of the judgment of the court below - The following circumstances recognized by the evidence are as follows: ① the defendant flicks at the center of the victims who are neighboring residents and the end of the trial, and the defendant flicks at the center of the victims; ② the victims flicks in the knife, flicks, and the knife bed.

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