살인미수등
The judgment of the first instance shall be reversed.
A defendant shall be punished by imprisonment for not less than one year and six months.
However, for two years from the date this judgment becomes final and conclusive.
1. The first instance court rendered a judgment dismissing the prosecutor’s request regarding the case prosecuted against the accused, while rendering a judgment of conviction regarding the case claiming an attachment order, and the Defendant appealed only against this, and thus, there is no benefit of appeal regarding the case claiming an attachment order.
Therefore, notwithstanding Article 9(8) of the Act on Probation and Electronic Monitoring, the part of the judgment of the court of first instance regarding the application for attachment order is excluded from the scope of the judgment of this court, and only the part of the judgment of the court of first instance concerning the defendant is within the scope of the judgment of this court.
2. Summary of grounds for appeal;
A. In light of the background leading up to the instant crime, the place and method of the crime, the judgment of the court of first instance which found the Defendant guilty of the instant facts charged, even though the Defendant was merely intended to threaten the victim, and did not have the intent to commit murder, is erroneous in the misconception of facts.
B. The sentence imposed by the first instance court on the accused (three years and six months of imprisonment) is too unreasonable.
3. Determination
A. The criminal intent of murdering a mistake of facts does not necessarily require the intention of murdering or planned murdering. It is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also conclusive. In a case where the defendant asserts that there was no criminal intent of murder at the time of committing the crime, and that there was only the criminal intent of murder or assault, the issue of whether the defendant had the criminal intent of murder at the time of committing the crime is likely to cause the crime, such as the background leading up to the crime, motive, motive, disorder, type and usage of the deadly weapon prepared, the part and repetition of the attack, and the possibility of causing the result of death.