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(영문) 부산고등법원 2013.04.25 2011노734
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds of appeal, the defendant's statement that "the victim's face is knife with the victim's arms and legs, and the victim's behavior, etc., it is difficult to believe that the victim's face is knife, and the victim's face is knife, and the victim's face is knife in order to punish him/her, and it is hard to conclude that the crime of this case is a contingent crime. The court below determined that the victim's intentional murder could be sufficiently recognized due to the crime of this case even if the victim was inside the part of the left knife part of the victim's body and the knife part of the knife part of the victim's body and the part of the victim's body."

2. In full view of the facts and circumstances found by the evidence duly adopted and examined by the lower court, it is difficult to readily conclude that the Defendant, at the time of the instant crime, committed the murder beyond the victim’s intentional murder, and otherwise, there is no evidence to prove that the Defendant had the intention to commit the murder, the lower court’s judgment is just and acceptable (it is consistent with the lower court’s decision, which directly followed the whole process of the fact-finding, such as the examination of multiple witnesses and the Defendant, and the jury directly followed the entire process of the examination on the Defendant, and thus, rendered a verdict of innocence as to attempted murder by deeming that the Defendant did not have the intention to commit

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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