살인미수등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
In light of the fact-misunderstanding of the part of the case against the defendant and the misunderstanding of the legal principles, since the defendant had received economic assistance from the injured party, there is no reason to kill the injured party, and the defendant was aware of the fact that there was a defendant's friendship at the office located adjacent to the container, which is the place of the crime, and the crime was committed.
Nevertheless, the judgment of the court below convicting the Defendant of the facts charged of this case is erroneous by misapprehending the legal principles, thereby affecting the conclusion of the judgment
At the time of committing the instant crime, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.
The punishment sentenced by the court below (4 years of imprisonment) is too unreasonable.
It is unfair that the court below ordering the defendant to attach an electronic tracking device for ten years.
Judgment
As to the Defendant’s assertion of mistake of facts and misapprehension of the legal principles on the part of the case by the lower court, the Defendant argued to the same purport as the grounds for appeal in this part, and the lower court explained the legal doctrine on the criminal intent of murder, and, in so doing, the circumstances in its holding, namely, the Defendant operated a house with a total of KRW 150 million from the injured party from June 2016 to September 2016, but was economically difficult, while the Defendant had been living relatively fluently and physically, the Defendant could have suffered abnormal time and fluence against the victim, and the Defendant could have fluenced the Kimchi.
In light of the size and weight [the length of head part 3.5 cm, length 11 cm, weight 34oz (Article 963 g)] of the net value, the part and degree of assaulting the victim, and the part and degree of the assaulting the victim, in particular, where the damaged person returned back to the back, the Defendant’s act was fatal enough to cause death, and the Defendant committed the crime.