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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The court below erred by misapprehending the legal principles as to the attempted suspension and mistake of the crime, although the defendant had prevented the victim from suffering from committing the crime at the time of the crime of this case, but the victim had obstructed the crime by resisting against the victim, suspended the crime by resisting the safety of the defendant, and found his awareness during the crime of this case, and caused the victim's escape and attempted to stop the crime.
B. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.
2. Determination
A. In a case where the commission of a crime is commenced on the assertion of mistake of facts and misapprehension of legal principles, and the commission of a crime is suspended by his/her own free will before the crime is completed, such suspension shall be deemed to constitute an attempted suspension if it is not due to the circumstances that interfered with the completion of the crime under general social norms (see, e.g., Supreme Court Decision 2011Do10539, Nov. 10, 201). However, as the court below decided, if the defendant escaped from the home and the victim could not complete the crime due to his/her escape from the home during the commission of the crime, it shall be deemed that it constitutes a situation that obstructs the completion of the crime under general social norms. Therefore, it shall not be deemed that the defendant's attempted suspension by his/her own will.
Therefore, the court below's rejection of Defendant's assertion of attempted suspension is just and there is no error of law by misunderstanding facts or by misunderstanding legal principles as to attempted suspension. Thus, the Defendant's assertion of grounds for appeal is difficult to accept.
B. As to the assertion of unfair sentencing, the Defendant did not directly use or recognize the victim of the instant crime as a deadly weapon in the instant crime, the Defendant’s attempted crime is an attempted crime, and the Defendant is punished by a fine for a violation of the Road Traffic Act.