살인미수등
All of the appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. 1) Comprehensively taking account of the evidence submitted by the prosecutor to find facts as to the accused case, the Defendant and the person requesting the attachment order (hereinafter “Defendant”).
(2) The lower court acknowledged the Defendant’s intention of murder as sufficient. Nevertheless, on the ground that the Defendant’s intention of murder is not recognized, found the Defendant not guilty of attempted murder among the facts charged in the instant case (not guilty in the grounds), and found the Defendant guilty of special injury as a reduction. In so determining, the lower court erred by misapprehending the legal principles on mistake of facts. 2) The sentence (one year and six months of imprisonment) imposed by the lower court of unfair sentencing
B. In regard to the request for attachment order, it is unreasonable for the lower court to dismiss the request for attachment order even though the Defendant committed a murder and attempted crime, and despite the risk of recommitting the murder crime.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the lower court acquitted the Defendant of the attempted murder among the charges of this case on the grounds that the evidence presented by the prosecutor alone, on the grounds as stated in its reasoning, is difficult to deem that there was no reasonable doubt as to the Defendant’s intentional murder. Examining the reasoning of the lower judgment in comparison with the evidence adopted by the lower court, the lower court’s determination is justifiable, and there is no error of misunderstanding of facts, and there is no reason to believe that there is no error of mistake of facts. 2) As to the assertion of unreasonable sentencing, the lower court’
Even when the defendant is confined in the detention house, the obstruction of the performance of official duties and the crime of injury have been committed.
【Laried circumstances】 The Defendant committed each of the crimes in this case under the state of mental disorder due to mental illness.
Victim E does not want to punish the defendant and the defendant wishes to receive appropriate treatment.