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The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Reasons
The summary of the grounds for appeal asserted that the Defendant is not an attempted murder but an attempted murder and constitutes an attempted murder. However, in the first instance trial, the prosecutor applied for the amendment of the indictment with the premise that “the Defendant attempted to kill the victim and attempted to stop the commission of the crime by himself/herself,” and that the Defendant applied for the amendment of the indictment with the content of changing this part of the facts charged into an attempted murder. As this court permitted this, there was no need to determine the assertion of misunderstanding of the above legal doctrine.
In relation to the charge of murder, among the facts charged in the instant case, the Defendant recognized the fact that the Defendant scams the victim. However, there is no scam to kill the victim, and there is no fact that she lost the victim.
In other words, on January 20, 2019, the victim was only the victim at the police station, stating that the defendant "at the time when he she saw the neck," "I am at the time."
“The victim made a statement to the effect that it was difficult to understand that he was not resisting in crisis, and ② at the time “the victim did not do so and did not receive hospital treatment separately because he did not do so.”
3. The victim did not mention all other violent cases in the facts charged of this case at the Domestic Violence Counseling Center on January 2, 2019, which was before the above investigation, even if all other violent cases were mentioned in the facts charged of this case, and 4. The victim Don H did not move the victim to the hospital on the day of this case.
The testimony, ⑤ SNS dialogue between the defendant and the victim does not appear in this part of the facts charged, and ② The victim does not answer the victim’s text without receiving the telephone.
“For the reasons that they were wraped.”
7. The defendant's cambling and going out from the cambling with the cambling itself.
It was a situation in which the defendant was accused.