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(영문) 광주고등법원 (전주) 2019.06.25 2018노235
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not intend to kill the victim. The Defendant merely put the part of the bridge that does not interfere with his/her life with the intent to suppress the victim. The Defendant’s wife’s arms in the process of physical fighting did not result from the Defendant’s act with the intent to kill the victim and did not result in the Defendant’s act with the intent to kill.

Nevertheless, the judgment of the court below which found the defendant guilty of attempted murder by recognizing the defendant's intentional murder and thereby affected the conclusion of the judgment.

B. Even if the charge of attempted murder by the defendant is found guilty, considering that the victim does not want the punishment of the defendant under an agreement with the victim, this case is derived from simple trial expenses, shock and contingent, the result of murder does not occur, and the degree of damage is not heavy, the sentence of the court below that sentenced the defendant for three years and six months is too unreasonable.

2. Determination

A. According to the reasoning of the lower judgment regarding the assertion of mistake of facts, the lower court acknowledged the Defendant’s intention of murder by comprehensively taking account of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court as stated in its reasoning, and determined that the Defendant had sufficiently recognized or predicted the possibility or risk of causing the death of the victim due to his own act at the time.

The judgment below

According to the evidence duly adopted and examined by the court below, such as the testimony of the witness E of the court below, which is the victim, and the relevant legal principles and the victim (the defendant does not display the knife, the knife knife knife knife, the knife knife knife knife knife, the knife knife knife knife knife

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