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(영문) 서울고등법원 2020.10.22 2020노1058
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The excessive knife (No. 1) that has been seized shall be confiscated.

Reasons

Summary of Grounds for Appeal

Defendant

The defendant of misunderstanding of facts was flicked with the victim who had a common flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-flick-

Therefore, even though the defendant did not intend to kill the victim, the court below erred by misapprehending the fact of attempted murder.

The punishment sentenced by the court below of unfair sentencing (two years and six months of imprisonment, confiscation) is too unreasonable.

The punishment sentenced by the court below is too uneased and unfair.

Judgment

In the lower court’s determination of the Defendant’s assertion of mistake of facts, the Defendant also asserted the same as the grounds for appeal in this part, and the lower court, based on the legal doctrine on the criteria for determining whether there was an intentional murder in the crime of attempted murder, and based on the evidence duly adopted and investigated, considered the following circumstances as a whole, it was sufficiently recognized that there was an intentional murder of the Defendant or a victim at the time of committing the instant crime, and rejected such assertion.

At the time of the crime of this case, the Defendant, while drinking together with the victim, did a dispute with the victim and carried out mutual fighting, and the body fighting is somewhat true, has reached knife not only once, with the transition of this case and the right side of the victim, while the transition of this case is spawn and facing each other with the victim.

The transition of this case is up to 13 cm in length and 24 cm in total length, and is an fatal damage to the human body.

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