Ratification

Reference domicile

A defendant shall be punished by imprisonment for three years.

The number of days under detention before the pronouncement of the judgment below shall be included in the above sentence.

except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

A. Error of mistake

The lower court found the Defendant guilty of the instant facts charged, despite the absence of the intent to commit murder at the time of the instant crime.

(b) Mental disorder;

The lower court, despite the fact that the Defendant was under the influence of alcohol at the time of committing the instant crime, did not recognize it.

C. Unreasonable sentencing

The punishment sentenced by the court below against the defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the defendant and the defense counsel of the court below have the same assertion as this part of the grounds for appeal, and the court below rejected the above assertion by stating in detail the judgment on the above argument in the column. In light of the records, the judgment of the court below is justified and there is no other error in the misapprehension of the legal principles, and thus, this part

B. As to the assertion of mental disorder

According to the records, even though the defendant was somewhat aware of a large number of alcohol at the time of committing the crime of this case, considering the process and method of the crime of this case, the defendant's speech and behavior and attitude before and after the crime of this case, it cannot be seen that the defendant was under the influence of alcohol at the time of committing the crime of this case, and therefore, it cannot be accepted the allegation of this part.

C. In light of the fact that the Defendant attempted to murder the victim with a deadly weapon, and the nature of the crime is very poor, and the degree of injury the victim suffered, etc., the Defendant shall be sentenced to strict punishment. However, the Defendant committed the instant crime by mistake and contingently, among male who assaulted the victim under the influence of alcohol, and the Defendant was able to have committed the instant crime in depth and in consultation with the victim, and the victim did not want the punishment of the Defendant. Furthermore, the Defendant complained of the Defendant again in the trial, and the victim complained of the Defendant’s prior action against the victim. On November 12, 2007, the Defendant has no particular criminal power other than receiving fine 1,00,000,000 won due to the violation of the Regulation of Speculative Acts, etc. and Special Cases concerning Punishment, etc. and Special Cases concerning Punishment, etc., of the Defendant’s age, character and conduct, circumstances, and circumstances after the crime, etc., the Defendant’s allegation that the lower court erred in its judgment is justified.

3. Conclusion

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts and summary of evidence

The summary of the facts constituting an offense and evidence recognized by this court is identical to each corresponding column of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 254 and 250(1) of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (General Considerations for the Reasons for the above reversal)

1. Calculation of days of detention;

Article 57 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act (Assumed normal conditions in favor of the above Reasons for reversal)

Judges Lee Jae-deok

Judges Kim Sung-he et al.