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(영문) 부산고등법원 2017.06.08 2017노180
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As stated in the facts of the crime No. 1 of the judgment of the court below, the defendant had no intention to commit murder beyond the intention of special injury, at the time when the defendant was to receive the victim of the towing lane as stated in the judgment of the court below.

Nevertheless, the court below held that the defendant had the intention to murder.

In light of the above facts charged, the court below erred by misapprehending the legal principles on the misunderstanding of facts or attempted murder, which affected the conclusion of the judgment.

B. The sentence sentenced by the lower court to the Defendant (four years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding the facts or misapprehension of the legal doctrine, the Defendant also argued to the same effect as the grounds for appeal in this part, and the lower court, taking into account the legal principles in the judgment and the circumstances acknowledged by the evidence duly admitted and investigated by him, found the Defendant guilty of this part of the facts charged on the ground that at least there was an intentional negligence of murder at least for the Defendant at the time when the Defendant was to receive the victim of towing lanes as stated in paragraph (1) of the facts constituting the crime

Examining the judgment of the court below in comparison with the evidence duly adopted and examined, the judgment of the court below is just and there is an error of law as alleged by the defendant.

Therefore, this part of the defendant's assertion is without merit.

B. As to the wrongful assertion of sentencing, the circumstances favorable to the defendant, which were revealed in the proceedings of the lower court and the first instance trial (the facts themselves concerning the crime of attempted murder of this case, which were committed by the defendant himself, are the time of the trial, and his mistake is divided in depth.

The statement is made, and the crime of attempted murder of this case committed by the defendant is considered to have been committed contingent as the reasons stated in the judgment of the court below.

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