살인미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
1. Summary of grounds for appeal by the defendant;
A. In the event of the instant crime, the Defendant was in a state of mental disability or mental disability under the influence of alcohol.
B. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.
2. Determination
A. The court below, ex officio, confiscated knife knife (Evidence 1) confiscated by applying Article 48(1)1 of the Criminal Act, but the above knife does not correspond to "goods owned by a person other than the criminal or acquired by a person other than the criminal knowing that they were aware of the fact after the crime" as owned by the victim D, and thus cannot be subject to confiscation under Article 48(1)1 of the Criminal Act. Thus, the court below committed an illegal act of confiscation based on the above knife knife, so the judgment of the court below is no longer maintained.
Although there is a ground for ex officio reversal, the defendant's argument about mental disorder is still subject to the judgment of this court.
B. According to the evidence on the Defendant’s mental and physical disorder, even though the Defendant was in a drunken state at the time of committing the instant crime, the Defendant was deemed to have no ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime, in view of the circumstances leading to the instant crime, the means and methods of committing the crime, the Defendant’s behavior before and after the commission of the crime, and the Defendant escaped.
Since it seems that this part of the defendant's assertion is in a state or weak condition, it cannot be accepted.
3. Thus, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's unreasonable sentencing, and the judgment below is again decided as follows after hearing.
Criminal facts
The summary of this and the facts charged by the court and the summary of the evidence are as follows.