살인미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
One knife (No. 1) for seized kitchen.
1. The decision of the court below on the summary of the reasons for appeal (five years of imprisonment) is unfair because the sentence imposed by the defendant is too unreasonable (unfair in sentencing).
A. Before determining the grounds of appeal, the Defendant withdrawn the legitimate defense assertion at the lower court before determining the grounds of appeal, and led to a confession of all the facts charged at the court of the first instance. However, the written rebuttals prepared and submitted by the Defendant do not necessarily mean that the Defendant “it was absolutely dead of a victim of pro-Japanese arrest.”
“A person who died from the injury” or “a person who is the same as that of the person who died from the injury, and (the defendant's person) led to the remaining crimes committed by fearing that (the defendant's person) would be subject to piracy.
The attitude of denying the intention of murder or maintaining the legitimate defense continuously is shown as "........"
However, in the crime of murder, the intent of murder does not necessarily require the purpose of murder or the planned intention of murder, and it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act. Accordingly, based on the evidence duly adopted and investigated by the court below, inasmuch as it is acknowledged that the defendant committed a total of 24 places of the body of the victim in a knife with a knife or a knife that the body of the victim was disdiscriminatory, and that the police officer dispatched to the scene immediately after the crime should die, the defendant was aware or foreseeable of the possibility or risk of causing the death of the victim due to the act of the defendant at the time of the crime in this case.
Therefore, it can be sufficiently recognized that the defendant had intention to kill the victim.
B. The circumstances leading up to the instant crime, the situation at the time of the instant crime, the degree of difference between the injured party’s wife and the Defendant’s wife.