살인미수등
Defendant
In addition, both the applicant for medical treatment and custody and the respondent for attachment order and the prosecutor's appeal are dismissed.
1. Summary of grounds for appeal;
A. At the time of committing the instant crime by mistake, the Defendant and the person subject to medical treatment and custody and the person subject to a request for attachment order (hereinafter “Defendant”) at the time of committing the instant crime by mistake of the facts, where the Defendant and the person subject to medical treatment and custody and the person subject to a request for attachment order (hereinafter “Defendant”) display the knife for the industrial purpose of preventing the victim C and F from driving away from the Defendant, and did not intend to murder the victims. Therefore, the Defendant did not
However, the judgment of the court below which found the attempted murder guilty is erroneous in the misconception of facts.
(2) The sentence imposed by the lower court on the Defendant (seven years of imprisonment) is too unreasonable.
(3) The lower court’s issuance of a medical treatment and custody order and an attachment order is unreasonable, although the criminal defendant was not likely to repeat a crime.
B. The sentence imposed by the lower court on the Defendant is too uneasible and unfair.
2. Determination
A. (1) The defendant asserted that the defendant's assertion of misunderstanding of facts is identical to the above assertion of misunderstanding of facts in the court below, and the court below rejected the above assertion in detail. In light of the evidence duly adopted and investigated by the court below, the judgment of the court below is just and acceptable, and the defendant's assertion of misunderstanding of facts is without merit.
(2) As to the assertion of unfair sentencing by the Defendant and the prosecutor, ① the Defendant, as to the allegation of unfair sentencing by the Defendant and the prosecutor, has been forced to walk without the victim C, F, and the Defendant, with the intent of murdering the said victims, displayed the industrial knife on a non-discriminatory basis to a large number of unspecified neighbors who do not have any related relationship with the above knife the industrial knife, and ② the number of victims, who are eight or more due to each of the instant crimes, undergo a knife surgery or undergo long-term hospitalized treatment.