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(영문) 서울고등법원 2016.12.08 2016노2725

살인미수등

Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") have not committed each crime in the judgment of the court below.

B. The sentence of imprisonment (three years of imprisonment) imposed by the court below on the defendant is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant committed assault by the victim G on June 22, 2015 at one time in order to damage the victim G taxi and resist the victim's face. The defendant used the victim G taxi on the same day without the victim's consent and used it temporarily, while driving the individual taxi owned by the victim G on the same day and driving the individual taxi on the same day, and inflicted an injury upon the victim's bridge part, and the defendant attempted to kill the victim D on October 3, 2015 with knife the victim D on the attempted attempt.

This part of the defendant's assertion is without merit.

B. The Defendant appears to have committed each of the instant crimes under the circumstances where the Defendant lacks the ability to discern things or make decisions due to the injury to brain, the failure to function, etc.

The degree of injury suffered by the victim D and the victim G is not obvious.

However, the part of the crime of this case against the victim D among the crime of this case was committed by the defendant while driving away the knife within the knife operated by the victim D, and the defendant tried to kill the victim again. The part of the crime of this case against the victim G was caused by the problem of refusing to take passengers, thereby damaging the taxi owned by the above victim or assaulting the above victim. In light of the circumstances of the crime and the contents of the crime, the crime is very poor.

The victims seem to have suffered considerable mental or physical pain due to the crime of this case.

Nevertheless, victims'.