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(영문) 서울고등법원 2018.06.27 2018노317
살인미수등
Text

The judgment below

The remainder, excluding the dismissed part among the public prosecution, shall be reversed.

Defendant shall be punished by imprisonment for a period of three years and six months.

Reasons

1. The prosecutor of the appellate court prosecuted the Defendant for attempted murder (victim K, L, M, N, G, P, P, P, P, Q, Q, R, T, and U) and assault (victim H).

Of the facts charged, the lower court found the Defendant guilty of attempted murder of the victim G, P,O, Q, Q, R, T, and U among the charges, found the Defendant not guilty on the grounds that the Defendant attempted murder of the victim G, P, P, Q, R, T, and U., and found the Defendant guilty of only the special injury of the said victims included in the facts charged, and dismissed the prosecution of assault.

The scope of the appellate court's trial is limited to the remaining part except the part of the dismissal of the prosecution by the defendant and the prosecutor.

2. Summary of reasons for appeal;

A. Defendant 1 did not attack the victim K, L, M, or N with the intent to murder (the part concerning attempted murder against the victim K, L, M, or N).

Unlike other victims, there is no fact that the defendant did not attack the victim K by any strong force against the victim K, and there is no fact that the defendant followed the victim K to make a second attack.

The defendant did not have any other effect once after reporting the appearance of L, M and N, and the degree of injury suffered by L and M is similar to the degree of injury of the victims recognized only for special injuries, not to have attempted murder in the original judgment.

Ultimately, in full view of the number of attacks against the above victims, the degree of injury of the above victims, the background of the occurrence of the case, and the characteristics of the tools used for the crime, etc., the defendant intentionally assaulted the above victims.

Even though it is difficult to see the difficulty, the judgment of the court below which recognized the above victims' attempted murder and thereby affected the conclusion of the judgment.

2) At the time of committing the instant crime, the Defendant was physically and mentally weak, such as being satisfe and unable to completely memory the criminal act.

(iii)..

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