살인미수등
All appeals filed by the defendant and prosecutor are dismissed.
The judgment below
“Application of the statute” means confiscation of the horses.
1. Summary of grounds for appeal;
A. Defendant 1) Since misunderstanding of legal principles (mental disorder) and a large amount of drinking alcohol immediately before the act indicated in each of the facts charged in this case, the Defendant at the time of each of the instant actions was unable or at least weak to distinguish things or make decisions. In addition, at the time of each of the instant actions, the Defendant did not have the intent to commit a crime of intrusion, murder, or obstruction of performance of official duties. Nevertheless, at the time of each of the instant actions, the Defendant was guilty of each of the facts charged in this case, and the lower court rejected the allegation of mental and physical disorder, there was an error of misapprehending of legal doctrine as to Article 10 of the Criminal Act or by misapprehending of facts. 2) The sentence of imprisonment (four years and confiscation) imposed by the lower court against the Defendant
B. Prosecutor 1) In the misapprehension of the legal principle, stairs or corridors used for official use in apartment units by mistake of facts fall under the part essentially annexed to the exclusive part, and constitutes the object of the crime of intrusion of residence. Therefore, in the event that the above stairs and corridor was passed through for the purpose of the crime that harms residents rather than ordinary passage that does not harm the peace of residence, this is a de facto infringement of residence, and thus, the crime of intrusion of residence has been committed. Nevertheless, the lower court erred by misapprehending the legal doctrine or by misapprehending the legal doctrine, and thereby, acquitted the Defendant on the part of the charges concerning special intrusion of residence. 2) The above sentence imposed by the lower court against the Defendant is unreasonable as it is excessively uneasible.
2. As to the facts charged of this case which the court below found guilty, it is stated in the facts charged of this case.
The court below did not go through the procedures for Amendments to Bill of Indictment and did not commit a crime of attempted special intrusion on residence.