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(영문) 광주고등법원 (전주) 2017.04.18 2016노249

살인미수

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s unfair sentencing (the imprisonment of three years, the suspension of the execution of four years, the community service order 200 hours, the forfeiture) is too uneased and unreasonable.

B. It is unreasonable for the lower court to dismiss the Defendant’s request for attachment order of an electronic tracking device against the location of the Defendant in light of the risk of recidivism by the Defendant and the person who requested the attachment order (hereinafter “Defendant”).

2. The lower court determined on the part of the Defendant’s instant case. The lower court considered the Defendant’s unfavorable circumstances, such as the following: (a) the Defendant attempted to murder the victim by breaking the victim’s face, which is an employee of the apartment management office of the apartment that the Defendant received a heating-related port; and (b) the Defendant appears to have suffered considerable mental shock and physical pain due to the instant crime.

On the other hand, the fact that the defendant acknowledges the crime of this case and reflects the mistake, there was no record of criminal punishment for the same crime before, the defendant committed the crime of this case in a contingency after drinking, and the victim does not want the punishment of the defendant by agreement with the victim.

The above sentencing conditions set forth by the court below and the defendant set up in the above sentencing conditions and the defendant prevented the victim from emphasizing himself/herself, and attempted to keep the victim from provoking. The defendant committed the crime of this case, the victim appears to have suffered serious mental impulses by causing serious bodily harm, such as the heart and heart heat on the right side, which requires approximately four weeks of treatment. However, on the other hand, the defendant violated the Punishment of Violence, etc. Act on December 7, 191, and was punished by violent crimes except for the criminal punishment of a fine of KRW 30,000,000,000,000, and the defendant committed two or more objections with respect to heating, the apartment management office staff.