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(영문) 서울고등법원 2014.07.01 2014노473
살인미수등
Text

The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment for four years.

One set of excessive knife (No. 1) seized.

Reasons

1. Summary of grounds for appeal;

A. The defendant and the person subject to attachment order and the person subject to attachment order 1) misunderstanding of facts and the person subject to attachment order and the person subject to medical treatment and custody (hereinafter “defendants”) are only subject to attachment order

(2) The judgment of the court of first instance that found the defendant guilty of the crime of this case, even though the defendant did not have the intent to commit the crime of this case, was erroneous and adversely affected the conclusion of the judgment by misunderstanding the facts. 2) Although the defendant with mental disorder was unable to discern things or make decisions due to mental disorder at the time of preventing the crime of this case, the judgment of the court of first instance was erroneous and adversely affected the conclusion of the judgment by misapprehending the legal principles as to mental and physical disorder.

3) The sentence imposed on the Defendant by the first instance court of unfair sentencing (five years of imprisonment) is too unreasonable and unfair. 4) The order to attach an electronic tracking device issued by the first instance court to a foreigner is unreasonable, on the ground that there is no risk of recidivism by the Defendant, and the foreigner is forced to leave the Republic of Korea after the completion of the instant sentence under the Immigration Control Act, and there is no need to attach an electronic device in the future, since the foreigner does not have an opportunity to re-entry in the Republic of Korea.

(b) The sentence imposed by the first instance court on the Defendant is too unfased and unreasonable;

2. Determination on the part of the defendant's case

A. Since the defendant alleged that he had no intention to commit murder at the time of the instant case due to this part of the grounds for appeal, the judgment of the court of first instance is just and acceptable in light of a thorough comparison with the evidential materials, and there is no error of law that affected the conclusion of the judgment by misunderstanding of facts, and thus, the defendant's assertion of mistake of facts is without merit.

B. As to the Defendant’s mental disorder.

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