살인미수등
The prosecutor's appeal is dismissed.
1. The summary of the prosecutor’s appeal grounds was the situation where the defendant was dissatisfied with the victim while being under considerable stress after entry into the Republic of Korea, and the defendant was assaulted by the victim even before the formation of the instant framework, and the victim’s title was strongly terminated at the time of the instant case, and then “I am end away from the personal register.”
In light of the fact that the victim saw the victim's knife while speaking "," and the victim eventually saw the threat of murder out of the window, and led to serious injury to the victim, it is reasonable to see that the defendant saw the knife to murder the victim in order to murder the victim with his knife his knife because the victim did not properly resist his knife his knife with his knife with his knife with his knife with his knife but the victim
must be viewed.
Nevertheless, the court below rendered a not guilty verdict on the charge of attempted murder on the ground that it is impossible to recognize the criminal intent of murder, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.
2. Determination
A. The prosecutor changed the indictment to the indictment, while maintaining the existing facts charged as the primary facts charged, filed an application for the amendment of the indictment to add the facts charged as follows to the facts charged for murder, which was found not guilty by the court below, and the object to be tried was added by this court upon permission. Accordingly, the court below's decision is followed.
B. The lower court, based on the evidence duly admitted and examined, tried to kill the victim solely on the following circumstances acknowledged by the lower court, namely, that the Defendant was under stress due to the job and residential problems after entering the Republic of Korea, on the ground that the victim was going to walk with female and fluence.