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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2019.11.21 2019노1335
살인미수
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

During the period of seizure, the articles of incorporation are seized.

Reasons

1. Scope of the judgment of this court;

A. The lower court rendered a judgment that dismissed the prosecutor’s request regarding the part of the Defendant’s case regarding which the request for attachment order was filed while rendering a conviction.

Since only the defendant appealed against this, there is no interest in appeal as to the case of the attachment order claim.

Therefore, notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc. for Specific Criminal Offenders, the part of the judgment below regarding the request for attachment order is excluded from the scope of the judgment of this court.

B. The lower court dismissed the application for compensation filed by B, the applicant for compensation (the District Court Decision 2019 seconds428).

Pursuant to Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, no applicant for compensation may file an objection against a judgment dismissing an application for compensation.

Therefore, the part of the judgment of the court below which rejected an application for compensation becomes final and conclusive immediately shall be excluded from the scope of adjudication of this court.

C. Ultimately, among the judgment below, only the part of the defendant's case is included in the scope of this court's trial.

2. Summary of grounds for appeal by the defendant;

A. At the time of the crime of mistake of facts, the Defendant did not have the intention of murder.

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

B. Although the Defendant and his defense counsel stated the grounds for appeal in the first trial of this court as “mental and physical disability”, in the statement of grounds for appeal submitted by the Defendant on July 15, 2019, as stated in the statement of grounds for appeal, and inasmuch as the assertion of mental disorder is not explicitly withdrawn, it shall be deemed as the assertion of mental and physical disability, including mental and physical disability and mental disorder, and it shall be

The Defendant committed the instant crime under the condition of mental and physical disability or mental disability.

C. The sentence imposed by the lower court on the Defendant (a 12-year imprisonment, confiscation) is too unreasonable.

3. Judgment ex officio by Amendments to Bill of Indictment.

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