살인예비등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not more than ten months.
However, for a period of two years from the date this judgment becomes final and conclusive.
1. The summary of the prosecutor's grounds for appeal proves that the defendant had the purpose of murder in full view of all the circumstantial evidence concerning the peace relation between the defendant and the victim, the situation before and after the crime, etc., and the defendant returned to two or more knife and asked the victim's door door password to ask the victim's present door password. This act constitutes a typical act of preparation for murder. However, the judgment of the court below which acquitted the defendant on the ground that the facts charged in this case constitute a case where there is no proof of a crime, which affected the conclusion of the judgment,
2. Prior to the judgment on the grounds of appeal by the prosecutor ex officio, the Prosecutor applied for changes in the indictment to add the ancillary facts charged as stated in the facts charged in the original trial while maintaining the original facts charged as the main facts charged. Since the subject of the judgment was changed by this court’s permission, the judgment of the court below was no longer maintained.
However, even if there is a reason to reverse ex officio as above, the reason for appeal against the primary facts charged by the prosecutor is still subject to the judgment of this court.
3. Judgment on the misconception of facts and misapprehension of legal principles by the prosecutor on the primary facts charged
A. On July 21, 2010, the Defendant was sentenced to six months of imprisonment with prison labor or two years of suspended execution as a crime of obstruction of performance of official duties at the Seoul Central District Court on July 21, 201, and on September 4, 2007, the Defendant was issued a summary order of one million won as a crime of injury at the same court.
The Defendant was living alone from the victim C (V, 58 years old) who was his mother, and was in a state that the appraisal of the above C was not good.
In this regard, around April 24, 2013, the day after the Seoul Coast Guard was killed in the Seoul Coast Guard.