살인미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for eight years.
Seized evidence No. 1 shall be confiscated.
On June 2, 2015, the lower court rendered a not guilty verdict on the charge of attempted murder against the victim E, which is the primary charge of the Defendant, and found the Defendant guilty of both the violation of the Punishment of Violences, etc. (a group, deadly weapon, etc.) against the victim E, which is the ancillary charge, and the violation of the Punishment of Violences, etc. against the other victims L, M, K, and J (a group, deadly weapon, etc.) and sentenced the Defendant to imprisonment with prison labor for 15 years and confiscation on the basis of the rate of substantive concurrent crimes.
On the other hand, the defendant appealed the judgment of the court below that found him guilty of a violation of the Punishment of Violences, etc. against the victim M, K and J (a group, deadly weapon, etc.) Act (a violation of the Act on Punishment of Violence, etc. against the victim M, K and J) on the grounds of mistake of facts and illegality in sentencing, the prosecutor acquitted the victim E of the reasons for attempted murder.
On November 26, 2015, the first instance court accepted the Defendant’s assertion of mistake as to the violation of the Punishment of Violences, etc. to Victims M, K, and J (a group, deadly weapon, etc.) and rejected the Defendant’s assertion of mistake as to the Defendant’s attempted murder against Victims E, which is the primary charge, and rejected the prosecutor’s assertion of mistake as to the violation of the Punishment of Violences, etc. to Victims M, K, and J (a group, deadly weapon, etc.) and the remainder of guilty charges under the former part of Article 37 of the Criminal Act.
In light of the above, the judgment of the court below which sentenced one punishment was reversed.
In addition, the defendant was convicted of violation of the Punishment of Violence, etc. against Victims E and L (a group, deadly weapon, etc.) and sentenced to imprisonment for 8 years and forfeiture.
However, as to the violation of the Punishment of Violences, etc. against M, K, and J (injury to groups, deadly weapons, etc.), the victim E and L who are in an ordinary competition relationship.