살인미수등
1. The defendant's appeal is dismissed;
2. A person who applies for medical treatment and custody shall be punished;
1. The lower court rendered a judgment dismissing the prosecutor’s request regarding the part of the case against which the Defendant was found guilty and the part regarding which the request for attachment order was filed, and the Defendant and the person who filed for a medical care and custody order (hereinafter “Defendant”) filed an appeal regarding the same. Therefore, there is no benefit of appeal regarding the part regarding the request for attachment order
Therefore, the part of the judgment of the court below regarding the request for attachment order is excluded from the scope of the trial of this court, notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, etc.
2. The summary of the grounds for appeal asserted mental and physical weakness or mental loss on the grounds of appeal, but withdrawn the above assertion on the first trial date.
A. The Defendant, misunderstanding the facts, did not have had the intention to murder at the time of committing the instant crime, but the lower court convicted him of attempted murder. In so doing, the lower court erred by misapprehending the facts.
B. The punishment of unfair deliberation by the sentencing committee (three years of imprisonment) is too unreasonable.
3. Determination
A. As to the assertion of mistake of facts, the Defendant also asserted that this part of the appeal was the same as the grounds for appeal, and as to this, the lower court: (a) acknowledged by the evidence duly adopted and investigated by the lower court; (b) the following circumstances acknowledged by the lower court, namely, ① the victim’s verbal abuse with the Defendant’s knife and the victim’s knife, and the right side, etc.; and (c) the right side bucks and kbucks
The above statements made by the victim are not only consistent but also consistent with other witnesses' statements and CCTV images at the scene of the crime, and the credibility of these statements can be recognized. ② The food blade used by the defendant for the crime of attempted murder of this case is 40 cm in length, 27 cm in length, and knife in person's body.