살인미수등
The part of the judgment of the court of first instance and the judgment of the court of second instance against the defendant shall be reversed.
Defendant shall be punished by imprisonment for a period of three years and ten months.
The summary of the grounds for appeal No. 1: Defendant and Prosecutor 1) Defendant’s mistake of facts and misapprehension of the legal principles as to attempted murder, and Defendant alleged by misapprehending the legal principles, merely prevented the victim under the influence of alcohol from taking the knife and did not intend to kill the victim.
In full view of the fact that the defendant was no longer stiffed of the victim who was born by the defendant, the victim's upper part is not kniffed by the knife, but knife by the knife, and the depth of the upper part of the body was not likely to cause harm to the life of the victim, and that the defendant has no power to do so, the defendant cannot be recognized as willful negligence of murder.
Although the court below acknowledged the attempted murder without applying the murder crime, the court below erred by misapprehending the legal principles as to the homicide or by misapprehending the legal principles, which affected the conclusion of the judgment.
2) At the time of committing the attempted murder of this case, the Defendant was in a state of mental and physical weakness due to the shock disorder at the time.
3) The punishment sentenced by the lower court (three years and six months of imprisonment) against the Defendant and the prosecutor’s wrongful assertion of sentencing is too heavy or unreasonable.
The judgment of the court below 2: The punishment (six months of imprisonment) sentenced by the court below is too unreasonable.
As to the judgment of the court of first instance, the defendant and the prosecutor filed an appeal against the defendant among the judgment of the court of second instance, and the court of second instance decided to concurrently examine the above two appeals cases. The crimes of the first and second judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Act, and thus, one punishment should be imposed pursuant to Article 38(1) of the Criminal Act. Thus, the part against the defendant among the judgment of the court of first and second judgment cannot be maintained.
However, even if there are such reasons for reversal of authority, it is alleged that the lower court erred by misapprehending the legal doctrine on the Defendant’s attempted murder and attempted murder.