살인미수등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant 1) The lower court acknowledged the fact that the Defendant had a fire-fighting intent on the basis of the victim’s legal statement in the lower court and the statement in the investigation agency’s protocol on the victim’s statement, which is a professional evidence, based on which the Defendant’s statement was made. However, since the Defendant’s original statement was not proven to have been made under particularly reliable circumstances, the intent of fire-fighting cannot be recognized based on the above evidence, and other evidence alone is insufficient to recognize that the Defendant had a fire-fighting intent.
Nevertheless, the court below erred by misapprehending the fact that the defendant had intention to prevent fire.
The lower court erred.
2) The sentence sentenced by the lower court to the Defendant (two years and six months) is too unreasonable.
B. Comprehensively taking account of other evidence such as the Defendant’s statement at an investigative agency that recognized the Defendant’s intention to murder (misunderstanding of facts) and the victim’s statement, it can be acknowledged that the Defendant, with intent to murder the victim, placed the victim in the existing building.
Nevertheless, the court below determined that the defendant did not have the intention to murder by misunderstanding the facts.
The lower court erred.
2. Determination as to the assertion of mistake of facts by both parties
A. Determination on the Defendant’s assertion 1) When a statement at the trial date of a person other than the Defendant’s legal doctrine regarding the victim’s legal statement at the lower court and the protocol prepared by an investigative agency against the victim is the content of the Defendant’s statement, it may be admitted as evidence when the statement is made under particularly reliable circumstances pursuant to Article 316(1) of the Criminal Procedure Act, and the protocol containing the hearsay statement shall be admitted as evidence in cases where its admissibility can be acknowledged pursuant to Articles 312 through 314 of the Criminal Procedure Act.