살인미수등
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
A seized kitchen, a kitchen, etc.
1. The court below rendered a judgment dismissing the prosecutor's request regarding the part of the case against the defendant against whom the request for attachment order was made, and the part of the case against the defendant was appealed. As such, the part of the judgment of the court below regarding the claim for attachment order among the part of the case against the defendant is not profitable, and as such, this part is excluded from the scope of the judgment of this court, notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring,
Therefore, the scope of this court's adjudication is limited to the defendant's case.
2. The summary of the grounds for appeal (the punishment of imprisonment for a maximum term of three years, the short term of two years and six months and the confiscation (Evidence 1 through 3)) by the lower court is too unreasonable;
3. Prior to the judgment on the grounds for appeal by the Defendant’s ex officio, the Defendant was Q Q production and was sentenced to an illegal term of imprisonment as a juvenile under Article 2 of the Juvenile Act at the time of the judgment of the lower court, but it is apparent that the Defendant was no longer a juvenile under the age of 19 years and was sentenced to an illegal term of imprisonment. As such, the lower judgment that sentenced the Defendant to an illegal term of imprisonment was no longer maintained.
4. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unfair argument of sentencing, and the judgment below is reversed and it is again decided as follows after pleading.
[Grounds for a new judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the facts stated in the corresponding column of the judgment below, thereby admitting them as they are in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article 254 of the Criminal Act applicable to the crime, Articles 250(1) (the fact of attempted murder and the choice of organic imprisonment) of the Criminal Act, and the Criminal Act.