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(영문) 서울고등법원 2019.06.20 2019노595
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is reasonable for the defendant of mistake of facts to have a victim of over-road as stated in the facts charged in the instant case.

However, even if the defendant did not do so, there was no intention to kill the victim.

Nevertheless, the lower court convicted the Defendant of the instant facts charged by misunderstanding the facts.

B. The sentence imposed by the lower court (two years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and investigated, the lower court determined that the Defendant could have sufficiently recognized that there was an intentional murder of the victim at the time of the instant crime.

① The Defendant, immediately before committing the crime, was under the influence of the victim’s birth E and drinking, was subject to serious assault on the ground that he could not have been able to receive from the victim, and returned to the hospital after being treated at the hospital, and returned from the victim, and re-exploiting the victim’s bath, “I do not see why it would have been drumd, hump, hump, hump, hump, and hump, and that he only hump,” and the Defendant seems to have committed the instant crime.

② The transition used by the Defendant is a deadly weapon, the total length of which is 24 cm and the blade length is 12.5 cm, and its blade end is very high, thereby causing death sufficiently, if the blades are about important parts of the Defendant according to the method of use.

③ Under the above circumstances, the Defendant told the victim that “it shall be frighten, Chewing, cut alone, and dead,” and brought excessive attention from the kitchen to the victim’s left breast part of the kitchen which was seated in the ward, and led to the victim’s knife once.

(4) Where a knife knife knife knife is placed on the left part of the defendant, the knife may directly affect his/her life.

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