[살인예비등피고사건][고집1948형,16]
The case holding that it constitutes a preliminary crime of murder
The crime of murder is committed if a person was waiting to appear because he/she was carrying with him/her the pistols charged with killing another person, carrying with him/her the shot, and was waiting to appear under the board and fence.
Articles 250 and 255 of the Criminal Act
Defendant
Prosecutor
Daejeon District Court (Seoul High Court Decision 201 delivered on July 28, 1959)
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
The ninety days of detention days prior to the pronouncement of judgment in the original instance shall be included in the original sentence.
The seized balls 45 (No. 1), one smoke (No. 2), three ball cartridges (No. 2) shall be confiscated.
On February 1, 4291, the Defendant was sentenced to imprisonment for one year with prison labor for a crime of violation of the Military Service Act, special theft, or intimidation, etc., and completed the execution of the sentence and was traveling from Daejeon District Court on December 22 of the same year. The Defendant was placed on the Defendant for whom Nonindicted 1 was stolen of grain, such as white, etc. around November 4290. The Defendant stated that he was dissatisfied with his complaint, and that Nonindicted 1 was sent to Nonindicted 1, who was sentenced to imprisonment with prison labor for 1 year from 300 p.m. to 14 p.m. 1 p.m. on the right side of the front 1 p.m., he was released from 14 p.m. on March 12, 4292 to 14 p.m. 1 p.m. on the front 14 p.m. (the second m. 1 p.m. on the front m. 14 p.m., for the purpose of killinging the multiple 1m.
The facts of the judgment are known to the court.
1. The defendant's party process and the fact of partial marketing in the original trial process, and the description thereof;
1. A statement that corresponds to the facts indicated in the protocol of interrogation of the accused of the prosecutor;
1. Official records that correspond to the facts indicated in the judgment among the suspect interrogation records prepared for handling affairs by judicial police officers;
1. In full view of the present presence, etc. of seized articles, the difference can be recognized, and the previous conviction relation is sufficient to recognize the difference based on the defendant's official skill in the original trial process and the defendant's fingerprint inquiry in the preparation of an internal and internal police station. Therefore, the facts of the judgment are sufficient to prove the whole of such proof.
In the so-called "illegal possession of arms" under the law, Article 2 of the law, Article 2 of the law, and Articles 255 and 250 (1) of the Criminal Act, since the fact that the defendant's illegal possession of arms in the so-called "in the judgment of the defendant comes to fall under the category of crimes, the former shall choose a limited term of punishment in the case of the defendant, and since the two are in conflict with several crimes, they shall be punished by imprisonment within the prescribed term of punishment pursuant to Articles 40 and 50 of the Criminal Act, so the defendant shall be punished by imprisonment for three years within the prescribed term of punishment, and in applying Article 57 of the Criminal Act, the defendant shall be punished by imprisonment for 90 days out of the number of detention days before the pronouncement of judgment in the court below, and subparagraphs 1 and 2 of the seized evidence shall not belong to the public property of the crime, and thus, it shall be confiscated
In the end, since the prosecutor's main prosecution is well-grounded, it is decided in accordance with Article 364 (3) of the Criminal Procedure Act.
Judges Kim Jae-ok (Presiding Judge) For the purpose of completing the course