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(영문) 서울고등법원 2016.01.22 2015노2872
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Provided, That the above punishment shall be imposed for three years from the date this judgment becomes final and conclusive.

Reasons

1. The lower court convicted the Defendant on the grounds of appeal, and dismissed the Prosecutor’s request for attachment order with respect to the case for which the attachment order was requested, and only the Defendant appealed.

Accordingly, despite the provisions of Article 9, Paragraph 8 of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Devices, the defendant's appeal interest was separated and confirmed separately.

A. Although the Defendant did not intend to kill the victim, the lower court, which recognized the Defendant’s intention to murder, erred by mistake in the fact.

B. The sentence of the lower court (a three-year imprisonment, confiscation) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In full view of the following circumstances admitted based on the evidence adopted by the lower court, the lower court held that the Defendant could have found that the Defendant had had had had had had had had had had had had had had had had had had had had had had the victim’s knife at least

The decision was determined.

1) The transition of the instant case that the Defendant purchased and used as a tool for committing a crime constitutes a deadly weapon that may cause fatal damage to the human body in the event of knife, about 9.5cm in length, about 19.5cm in length, and about 19.5cm in length.

2) The Defendant came deep to the left lower part of the victim’s left lower part of the instant overroad, so deep as to be damaged by the warden. The clothes of the human body, when the major organs gather, can go to the knife with the knife.

3) The victim was diagnosed by the doctor in charge that, due to the above act of the defendant's injury, the victim suffered a considerable amount of surgery to the extent that the internal organ was revealed, and the victim was sent to the hospital's middle-patient's clinic and was in charge of the surgery. The victim was diagnosed by the doctor in charge that the victim was in need of approximately three weeks' treatment due to damage to the warden, acute dysium infection, and dysium dysium.

4) In the prosecution, the Defendant also purchased the instant excessive purchase at his stores in advance.

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