Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Summary of Reasons for appeal

A. The Defendant and the claimant for the attachment order (hereinafter “Defendant”) committed a crime, misunderstanding the facts and misapprehension of the legal doctrine, and the Defendant found the victim C ( South and North years of age 57) with the intent of threatening the victim of the bodily injury, and tried to find out the victim’s knife with the intent of threatening the victim of the bodily injury. However, at the time of committing the crime, the Defendant had the intention to commit the murder.

It can not be said that there was only the intention of injury.

Nevertheless, the lower court found the Defendant guilty of this part by misunderstanding the facts or misapprehending the legal doctrine by recognizing the Defendant’s intentional murder.

2) Since the Defendant, at the time of committing the crime, was in a state of falling short of the ability to discern things or make decisions under the influence of alcohol by drinking three to four illness a week, the punishment ought to be mitigated pursuant to Article 10 of the Criminal Act.

3) The punishment sentenced by the lower court (six years of imprisonment and three years of observation for protection) is too unreasonable.

B. Prosecutor 1) The sentence that the lower court rendered unfair sentencing (six years of imprisonment and three years of observation of protection) is too unhued and unreasonable.

2) There is a risk of reoffending by the Defendant in light of the motive and consequence of the instant crime committed, the Defendant’s attitude, etc.

Despite the full recognition of the request for attachment order, the judgment of the court below which dismissed the request is unfair.

2. Determination on the Defendant’s misunderstanding of facts and misapprehension of legal principles

A. The Defendant asserted the same purport as the grounds for appeal by denying the intention of murder in the lower court.

The lower court, in light of the following facts and circumstances, committed murder on the part of the Defendant.

This part of the facts charged was found guilty.

“(1) The Defendant had two knifes to commit the instant crime, and used one of them for committing the instant crime. The tools of such crime are very likely to kill or injure people.