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(영문) 부산고등법원 (창원) 2017.11.22 2017노254
살인미수등
Text

The appeal of the defendant, the person who requested the attachment order and the person who requested the attachment order and the prosecutor to observe the order shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant and the person who requested the attachment order and the person who requested the attachment order and the person who requested the attachment order and the person who requested the attachment order and the person who requested the attachment order (hereinafter “Defendant”) guilty of the attempted murder of the victim. As such, the lower court erred by misapprehending the legal doctrine on the intent to commit murder or by misapprehending the intent to commit murder, which affected the conclusion of the judgment.

B) The victim and E, who are the prosecution investigation officials, attempted to enter the defendant’s residence and execute the sentence without presenting an identification card and a penal execution warrant. Since this is illegal execution of duties, it does not constitute a crime of interference with the execution of official duties by the defendant.

Nevertheless, the judgment of the court below which found the Defendant guilty of the injury caused by the obstruction of the performance of special official duties among the facts charged of this case is erroneous by misapprehending the legal principles.

C) The Defendant, without presenting the victim and E’s identification card and sentence execution letter, discovered that he was from entering a house with gas guns and locks hiddenly, and thought he was detrimental to himself by using a knife and knife, and thus, constitutes legitimate defense, excessive defense, or misleading defense.

Nevertheless, the lower court erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, which found all of the facts charged.

2) The sentence sentenced by the lower court to the Defendant (three years and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant in the part of the case against the Defendant is too unfasible and unreasonable.

2) It is unreasonable for the lower court to dismiss the Defendant’s request for the attachment order of this case even if the part of the case requesting the attachment order is likely to repeat murder crimes.

2. Determination on the defendant's case

A. misunderstanding of facts and misapprehension of legal principles by the Defendant.

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