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(영문) 대구고등법원 2019.08.28 2019노141
살인미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) On September 1, 2018, at around 15:00 on September 1, 2018, Defendant 1 did not have the purpose of retaliation against the victim C, and the Defendant did not have committed three times the victim’s flurical part by hand.

B) On September 1, 2018, around 15:00, the Defendant did not have committed any assault against the victim F, and instead, the Defendant was subject to any assault from the victim. (C) On September 1, 2018, on September 18, 2018, the Defendant did not intend to murder the victim F.

The injury suffered by the victim is merely a knife that occurred in a knife in the victim’s knife process. D) On September 1, 2018, the Defendant did not display the knife on two to three occasions to the victim with respect to special injury to the victim M, which took place around September 18, 2018. The injury suffered by the victim was caused by flife or flife in the process of the victim’s flifeing the victim’s knife or deflife the knife in the process of deflifing the victim’s knife at the time of the crime of this case.

3) The lower court’s sentence of unreasonable sentencing (the imprisonment of eight years is too unlimited and unfair).

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts and misapprehension of legal principles, the lower court is consistent with the purport of consistent with the victim’s statement, which is, the following circumstances revealed by the legal doctrine as stated in its holding and duly adopted and duly investigated evidence, namely, ① the victim stated to the effect that this part of the facts charged is consistent with the facts charged, and ② the situation of the F during the instant case’s witness at the time of the instant case.

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