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Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The punishment sentenced by the lower court (15 years of imprisonment) is too unreasonable, as the Defendant and the person against whom the attachment order was requested (hereinafter “defendants”).
The defendant and the defense counsel withdrawn the allegation of mental disorder and mental disability during the second trial of this court.
B. Prosecutor 1) In light of the legal principle that the Defendant attempted to kill the victim on or around June 30, 2018, and subsequently murdered the victim on or around 19:05 on the same day as that of the attempted crime on or around June 30, 2018, the crime of killing the victim is about 30 minutes at regular intervals, the crime is entirely different from that of the crime, and the victim was attempted to kill and murdered with the intent to kill the victim, and the other crime is purchased and murdered with the intent to kill the victim, it does not constitute a single comprehensive crime. Nevertheless, the lower court erred by misapprehending the legal doctrine regarding the attempted murder among the facts charged in the instant case, and thereby acquitted the Defendant of the grounds for the attempted murder. 2) In so doing, it is unreasonable to deem the sentence imposed by the lower court to be too unreasonable.
2. Determination
A. The lower court determined that the charge of attempted murder does not constitute a separate crime because there is no circumstance to regard the Defendant’s crime as a single criminal intent as being renewed between the charge of attempted murder and the charge of murder, on the grounds that the prosecutor charged the charge of attempted murder and the charge of murder as concurrent crimes among the charges of this case, the interval between the two actions is limited to 30 minutes, and the Defendant immediately purchased the knife and committed a crime by acquiring the knife immediately after the knifeing of the knife, and there is no circumstance to regard that the new criminal intent was renewed between the charge of attempted murder and the charge of murder recognized as guilty.
B. For the purpose of the court's determination of murder, the same person has different places of time and make a simple preliminary act or attack on several occasions, but such an attempted act is rare.