살인미수등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts was the Defendant at his own house at the time of committing the attempted murder of this case, and there was no fact that the victim was knifeed at the time. 2) The lower court’s sentence of unfair sentencing (one year of imprisonment, etc.) is too unreasonable.
B. Although the murder attempted to murder the victim by preparing a knife with a prior knife upon the victim’s refusal of a sexual intercourse, the crime of murder in this case constitutes “a planned murder” as “a homicide,” the lower court deemed the “ordinary motive murder” and “a friendly crime,” and sentenced the Defendant to three years of imprisonment.
Therefore, the above sentence of the court below is too uneasible and unfair.
2. The judgment of the court below on the Defendant’s assertion of mistake of facts also asserted the same purport as this part of the grounds for appeal. The court below, in its judgment on the Defendant’s assertion, acknowledged by the evidence duly admitted and investigated by the court below in the “judgment on the Defendant’s argument” as to this part of the judgment below, found DNA type in the part of excessive loss discovered and seized at the scene of the crime of this case, consistent with the Defendant’s DNA type and DNA type respectively with the Defendant’s DNA type; the victim’s white type, flapsing, and flapsing in the Defendant’s residential room at the time of emergency arrest; the victim’s white type, flapsing, and flapsing in the Defendant’s residential room at the time of emergency arrest; the discovery of DNA type consistent with the Defendant’s and the victim’s respective DNA type; the credibility of the victim’s statement on the raise of the offender; the victim’s testimony on the witness and on-site dispatch of the police station; and the inconsistency in the Defendant’s on-site statement.
It can be sufficiently recognized that the attempted crime has been committed, and the defendant also recognized the intention of murder.
The court below duly adopted and investigated.