살인미수등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than two years and six months.
1. Summary of grounds for appeal;
A. Defendant 1) In relation to the facts charged as to the charge of attempted murder of this case, Defendant 1 did not have the intent to murder with the victim J.
2) At the time of the instant case, the Defendant had no or weak ability to discern things or make decisions under the influence of alcohol.
3) The sentence of the lower court’s sentencing (three years of imprisonment) is too unreasonable.
B. The sentence imposed by the Prosecutor is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the lower court, based on the evidence duly admitted and investigated, can sufficiently recognize that there was an intentional murder of the Defendant at the time of committing the crime indicated in this part of the facts charged, based on the following circumstances.
The decision was determined.
A) At the time of the instant case, the Victim J and R moved to the scene of the patrol vehicle, and due to the police uniform, anyone could easily be seen as police.
Defendant also had followed R’s direction of balking the balk in the balk (P) immediately after the falking of the balk, and in light of the circumstances where the victim J dialogues with the police, the above victim was fully aware that the balk was the police.
may be seen.
B) The Defendant: (a) started a motor vehicle with the level of damage caused to the patrol vehicle parked on the front side of the motor vehicle; (b) driven the motor vehicle with approximately 200 meters m of the driver’s seat of the motor vehicle that the said victim gets over the center line by rapidly turning the motor vehicle; and (c) tried to conflict with another motor vehicle or guard on the part of the motor vehicle that the said victim gets over.
The driver's behavior of the defendant was carried out with the intent of harming the victim by shocking the vehicle.
It is natural to view it.
C) As above, the above victim will be diminished in the vehicle operated in high speed.