살인미수등
All judgment of the court below shall be reversed.
A defendant shall be punished by imprisonment for not less than five years and six months.
The judgment of the court of first instance in respect of the seized knife.
1. Summary of grounds for appeal;
A. In regard to the judgment of the first instance court, the Defendant, as stated in the facts constituting the crime of the first instance judgment, has inflicted a knife injury on the victim. However, at the time of committing the crime, the Defendant did not have any intention to murder. 2) As to the judgment of the second instance, the Defendant took a bath as stated in the facts constituting the crime of the first instance judgment against the correctional officer E, but there was no desire to take a retaliation against his family.
B. Each sentence (the first instance judgment: imprisonment with prison labor for 5 years, and 6 months) imposed by the lower court on the grounds of unfair sentencing is too unreasonable.
2. Determination
A. Prior to the judgment on the grounds of appeal for ex officio determination, this Court 2013No699, which is the case of appeal against the judgment of the court of first instance, was consolidated in the proceedings of pleadings in the first instance, which is the case of appeal against the judgment of the court of second instance.
Therefore, the judgment of the court of first instance and the judgment of the court of second instance should be sentenced to a single sentence within the scope of aggravated concurrent crimes pursuant to Article 38(1) of the Criminal Act in relation to each of the concurrent crimes under the former part of Article 37 of the Criminal Act. In this respect, the judgment of the court of first instance cannot be maintained any more.
However, the above argument of mistake of facts is still subject to the judgment of this court, despite the existence of the above reasons for reversal of authority.
B. The Defendant asserted that the judgment of mistake of facts against the judgment of the court of first instance is identical to this part of the grounds for appeal, and the court below also stated in detail the decision on this issue under the title of “determination on the Defendant’s argument”, and based on the size and form of the knife used for the crime of this case, the victim’s knife, the degree of the victim’s knife, the recovery process of the victim after this case, and the specific circumstances and progress at