살인미수
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact-finding, the Defendant did not have a knife the victim's knife with a knife, and only divided the knife to threaten the victim, and the victim suffered a knife in the process of driving the victim's body.
The defendant did not have the intention of murder.
B. Since the Defendant was under medical treatment for three years as livering symptoms, the Defendant was in a state of mental disorder or mental disorder at the time of committing the instant crime.
C. The sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.
2. Determination
A. The Defendant argued to the same effect as the lower court’s judgment on the assertion of mistake of facts.
The lower court rejected this part of the Defendant’s assertion on the following grounds: (a) comprehensively taking into account the background leading up to the Defendant’s knife of the victim; (b) the characteristics of the Defendant’s criminal tools used by the Defendant; and (c) the victim’s upper part of the victim’
In light of the following circumstances, we affirm the judgment of the court below as just in light of various circumstances as stated by the court below, which can be known from the evidence legitimately adopted and examined by the court below.
We do not accept this part of the defendant's assertion.
- The defendant asserts that there is no fact that he had the victim's interest.
However, the victim consistently stated from the investigative agency to the court of the court below that “the defendant has reached knife the victim’s knife, and the victim has taken knife the knife of the defendant. The victim too far knife the knife knife toward the left side, and knife the right side.”
(Evidence Records 191 pages, Trial Records 44 pages) . - The victim’s upper part photograph is deep enough to clearly distinguish the upper part of the part left from the upper part of the timber.
(Evidence Records 20,21 pages). The victim shall have a knife part of the knife on the wall from the beginning of the defendant.