살인미수등
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. In fact, the Defendant, who misleads the victim of the fact, stiffes the string of the shoulder string on the part of the victim
In addition, there was no intention to kill the victim.
B. The Defendant, by misapprehending the legal doctrine, voluntarily suspended the crime and prevented the occurrence of the victim’s death.
Therefore, the Defendant’s act constitutes an attempted suspension and thus the punishment should be mitigated or exempted, but the lower court erred by misapprehending this.
(c)
The punishment sentenced by the court below (an attempted murder committed by the court below: 7 years of imprisonment, 4 months of imprisonment with prison labor, 1 year of suspended sentence) is too unreasonable.
2. Determination
A. As to the Defendant’s assertion of misunderstanding of facts, the lower court rejected the Defendant’s assertion on the grounds that the Defendant alleged to the same effect as the assertion of misunderstanding of facts, on the following grounds: (a) the lower court stated detailed circumstances in the 5th or 7th or 6th
We affirm the judgment of the court below as just in light of the circumstances acknowledged by the court below and closely compared with the evidence examined.
Therefore, the judgment of the court below contains an error of mistake as alleged by the defendant.
Therefore, this part of the defendant's assertion is without merit.
B. As to the Defendant’s assertion of misapprehension of the legal doctrine, the lower court rejected the Defendant’s assertion on the grounds that the Defendant alleged to the same effect as the alleged misunderstanding of the above legal doctrine as to attempted suspension at the lower court’s judgment, on the following grounds: (a) the lower court stated detailed circumstances at the 7th to
We affirm the judgment of the court below as just in light of the circumstances acknowledged by the court below and closely compared with the evidence examined.
Therefore, the judgment of the court below contains an error of misapprehending the legal principles as to attempted suspension as alleged by the defendant.
Therefore, this part of the defendant's assertion is without merit.
(c)
As to the wrongful argument of sentencing, the crime of attempted murder in this case is committed.