Text
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for fifteen years.
The judgment below
(2).
Reasons
The summary of the grounds for appeal is the defendant and the person who requested an attachment order (hereinafter referred to as "defendant").
In fact, misunderstanding the legal principles and misunderstanding victims died of the Defendant’s assault because it was difficult for the Defendant to take repulmonary measures due to the bones of uniforms, bones of bones, etc. arising in the course of cardiopulmonary resuscitation conducted by the Defendant.
It is difficult to see that the defendant had no intention to murder.
Even at the time of assault, the Defendant had been guilty of murder.
Even after the assault, the Defendant did not know that the victim’s state was decent, and the victim was dead in the process of cardiopulmonary resuscitation, so only the Defendant is liable for attempted murder.
Nevertheless, the judgment of the court below which found the person guilty of murder, which is the primary charge of this case, is erroneous in the misapprehension of legal principles, which affected the conclusion of the judgment.
At the time of committing the instant crime with mental disorder, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.
The punishment sentenced by the court below (10 years of imprisonment) is too unreasonable.
The punishment sentenced by the court below by the public prosecutor is too uneasible and unfair.
As to the Defendant’s assertion of misunderstanding of the facts and misapprehension of the legal doctrine as to the Defendant’s part of the case, the lower court also argued to the same effect as the grounds for appeal, and the lower court first acknowledged the following facts.
(1) The Defendant’s father died after the death of the Defendant, and the Defendant’s mother died after the death of the Defendant, the Defendant’s father, who was the mother of the Defendant, left the Defendant, who was 3 years of death in Seoul, to the her mother (the Defendant’s mother’s mother’s mother’s mother) in Seoul, and the Defendant got her mother’s father (N).
After that, it is the village in which the new father lives the defendant who was the victim's 8 years old at the time.