살인미수등
Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
1. The court below rendered a judgment of conviction against the part of the case of the defendant and the part of the case for which medical treatment and custody is requested by the prosecutor, and dismissed the prosecutor's request with respect to the part of the case for which a request for attachment order was made. In this regard, since only the defendant and the requester for medical treatment and custody (hereinafter "defendant") appealed from the part for which a request for attachment order was made, the part for which a request for attachment order was filed does not have any interest in appeal, and therefore, Article 9 (8) of the Act on Probation
2. Summary of grounds for appeal;
A. The judgment of the court below which judged that the defendant had intention to kill the victim although he did not have intention to kill the victim, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.
B. The court below's decision on the grounds of unfair sentencing (three years of imprisonment) is too unreasonable.
3. Determination
A. As to the assertion of mistake of facts, the Defendant also asserted the same as the grounds for appeal in the lower court. Of the “determination on the Defendant’s and his defense counsel’s assertion,” the lower court publicly stated the case concerning the recognition of murder as prescribed in paragraph (2) (see, e.g., Supreme Court Decision 2001Do6425, Feb. 8, 2002); and the circumstances acknowledged by the evidence duly adopted and investigated by the lower court; i.e., the circumstances acknowledged by the evidence that the Defendant attempted to use the pipe and to commit the instant crime; (ii) the Defendant is a dangerous object that may cause danger to human life; (iii) the head part, one of the most important part of the body part of the victim’s attacked with the de facto pipe; and (iii) the Defendant should not have the victim died at present without any dispute with the victim at the time of the instant case.