살인미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for one year.
However, the period of two years from the date this judgment becomes final and conclusive.
1. In light of the prosecutor’s gist of the grounds for appeal (misunderstanding of the facts), the defendant’s clear motive for murder, method of committing the crime, injury level, and the degree of injury inflicted on the victim, etc., it may be acknowledged that there was an intentional murder of the defendant at the time of committing the instant crime.
2. The prosecutor ex officio held that the facts charged in the instant case, which the court below acquitted, are maintained as the primary facts charged (hereinafter “the primary facts charged”), and “special injury” in the name of the offense as the conjunctive charges, and “Article 258-2(1) and Article 257(1) of the Criminal Act” in the applicable law, stated that the judgment following the facts charged, applied for the amendment to a bill of indictment containing addition of the facts charged, and this court permitted this (hereinafter “the facts charged in the instant case”). Accordingly, the subject of the judgment of the court was different (the additional facts charged in the instant case are recognized as guilty), and the judgment of the court below is no longer maintained.
However, despite the above reasons for reversal of authority, the argument that the prosecutor's mistake of the primary facts charged in the judgment of the court is still subject to the judgment of the court of this court, and this will be examined.
3. Judgment on the prosecutor's assertion of mistake of facts
A. The summary of the facts charged is that the Defendant, who entered the Republic of Korea on April 5, 2017, as Russia, and resides in Pyeongtaek-si C along with the victim D (35 tax) at the residence located in Pyeongtaek-si C, and works in his/her human resources office.
The defendant was in a state that bullying and the victim were not good for appraisal by disregarding the defendant, disregarding the defendant, leaving the house on the house, etc.
On May 7, 2017, the injured party suffered a considerable insult against the defendant's friendly mother, and made the defendant feel sexual humiliation.
The Defendant around May 8, 2017 around 07:30.