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(영문) 서울고등법원 2017.10.25 2017노1781
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Of the facts charged in the instant case, the point of special injury is.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In fact, Defendant 1 did not have had intention to inflict bodily injury on the body of the victim K, and was merely a knife of the knife in the process of preventing the Defendant from knifeing the Victim C with a knife while attempting to cut the knife the knife. However, the lower court erred by misapprehending the fact that the lower court recognized the Defendant’s intention to inflict special bodily injury.

2) At the time of committing the instant crime with mental and physical weakness, the Defendant had no or weak intent or ability to discern things due to depression and depression.

3) The sentence sentenced by the lower court to the Defendant (a three-year imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unhued and unreasonable.

2. Determination

A. The establishment of the crime of injury in respect of the assertion that there was no intention to commit a special injury requires the result of the intentional act of the injury and the injury related to the person resulting therefrom. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the evidence submitted by the prosecutor alone proves that the defendant was knife with the intent of causing damage to the victim K with the intent of causing damage to the victim's body.

It is insufficient to view it and there is no other evidence to prove it.

Therefore, the defendant's assertion pointing this out is with merit.

① The Defendant initially prepared to kill the victim C, who is her husband, reached knife the right part of the victim’s right part, and became a member of the I church after hearing the name of the victim and K who is the denial thereof.

(2) The Russian Defendant again takes another excessive steps.

By doing so, the victim's bucks became knife, and the I church's knife knife off from the defendant's hand.

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