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(영문) 서울고등법원 2020.07.23 2020노181
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

One knife (No. 1) and one knife.

Reasons

1. The summary of the facts charged as to the attempted murder of this case is the relationship between the victim B (the age of 56) and the victim B (the defendant) with each other and with her shape and her birth for a long time. Among the defendant's residence located in D in Namyang-si, Namyang-si, around 12:50 on August 6, 2019, the victim spacing alcohol together with E where the victim and C were spaced with E where spaced with the victim, and the victim spaced with E where spacing it, and the victim spaced with the victim "I spacing another alcohol. I am spacing it." The victim spackn with the victim's body "I am spac, spac, spacing, spackn, spackn, spackn with the victim's body."

Although the Defendant attempted to kill the victim as above, the Defendant did not commit an attempted injury, such as approximately 20 cm in length and an open wound with a depth of about 5 cm in depth, from the front side (the upper side, the rear side) to the left side, which requires approximately 20 cm treatment for the victim, on the wind of cutting the knife knife of the victim.

2. Summary of grounds for appeal (the factual error, misunderstanding of legal principles, and unreasonable sentencing)

A. The Defendant, 1 of mistake of facts and misapprehension of legal principles, citing misunderstanding of facts, and misunderstanding of legal principles, flick knicks around the Defendant’s body and knife knife knife knife knife that the Defendant might die in a situation where 10 times the Defendant’s body flife knife knife knife knife knife knife knife knife knife knife knife knifes

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