살인미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
Provided, That the above punishment shall be imposed for five years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The Defendant did not have the intent to kill the victim at the time of the instant crime.
B. The Defendant was in a state of mental disability under the influence of alcohol at the time of the instant crime.
C. The sentence imposed by the lower court on the Defendant (five years of imprisonment, etc.) is too unreasonable.
2. Determination
A. In full view of the following circumstances, the lower court determined that the Defendant could have committed murder. ① At the time of committing the instant crime, the lower court determined that the Defendant could have recognized the Defendant’s criminal intent. ① At the time of committing the instant crime, the Defendant attacked the victim with a knife knife knife knife (Evidence No. 44 pages of evidence records). ② The Defendant’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k, and k knife k k.).