All appeals filed by the prosecutor and the defendant and the person who requested an attachment order shall be dismissed.

1. Determination of the misapprehension of the legal principles on the defendant's case and the requester for an attachment order

A. The summary of the grounds for appeal and the person to whom the attachment order was requested (hereinafter “Defendant”) discontinued the crime without any further proceeding with the victim’s act of implementation after having three parts of the victim’s title attached thereto, which constitutes an attempted suspension.

B. The Defendant also asserted the same in the lower court, and the lower court, based on the evidence duly admitted and investigated, stated that the Defendant only committed a crime because the Defendant was able to kill the victim in a more knife with the prosecutor’s office and this court. However, according to the consistent statement from the Defendant’s investigative agency to this court, the Defendant expressed that the victim who was unable to properly speak during the commission of the murder of this case refers to “Ma, M. M.” to the Defendant.

생각하고( 실제 피해 자가 위와 같은 말을 피고인에게 하였는지는 분명하지 않다) 겁이 나서 그 범행을 중단한 것으로 보이는 점, ② 피고인은 검찰에서 ‘ 피해자가 말을 못하는 줄 알았는데 갑자기 큰 소리를 내기에 깜짝 놀랐고, 그 때 피해자와 정면으로 눈이 마주쳤는데 갑자기 겁이 났다.

In light of the fact that “a statement was made to the effect that the Defendant made a statement, and ③ the Defendant did not take any particular relief measures even after the commission of the crime, it was determined that the Defendant did not bring about the intent of murdering the victim due to the circumstances that interfered with the completion of the crime, and that it cannot be deemed that the Defendant’s attempt was an attempted discontinuance.

If the criminal act is commenced and the criminal act is suspended according to his own free will before the crime is completed, it will hinder the suspension of the criminal act.