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The prosecutor's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact-finding or misunderstanding of the legal principles that led to the Defendant to commit the instant crime, the lower court did not recognize that the Defendant had the intention to commit murder, even if it was found that the Defendant had the intention to commit the instant crime, taking into account the circumstances leading to the Defendant’s mistake of facts or the motive for committing the instant crime, characteristics of deadly weapons used for the instant crime, and the nature
B. The court below's decision on the suspension of the execution of the two-year imprisonment against the defendant was erroneous in finding the defendant not guilty of the crime of attempted murder as above. Thus, the above sentencing is too uneasible and unfair.
2. Determination
A. The judgment of the court below on the assertion of misunderstanding of facts or misunderstanding of legal principles is not sufficient to conclude that the evidence submitted by the prosecutor alone proves that the defendant had intention to kill a victim at the time of the instant case beyond the intention of bodily injury, and that there is no other evidence to acknowledge it. The above judgment of the court below is just in light of the evidence duly adopted and examined by the court below, and it is hard to see that there was a mistake of mistake or misunderstanding of legal principles, such as the prosecutor's assertion.
Therefore, the prosecutor's above assertion is without merit.
B. Article 361-5 subparag. 15 of the Criminal Procedure Act provides that “when there exists any ground to acknowledge that the determination of punishment is unfair,” as the grounds for appeal, Article 155 of the Regulations on Criminal Procedure provides that the grounds for appeal shall be clearly stated in the statement of grounds for appeal.
According to the records, the court below judged not guilty of attempted murder on the grounds thereof, but made a special injury included therein.