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(영문) 서울고등법원 2015.01.30 2014노3550

살인미수등

Text

The judgment below

The part of the request for attachment order shall be reversed.

The request for the attachment order of this case is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant crime, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), the Defendant was in a state of mental and physical disability. 2) The lower court’s punishment is too unreasonable.

3. Since the defendant does not pose a risk of reoffending, the attachment order of this case is inappropriate.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the court below regarding the defendant's mental suffering claim, the defendant is deemed to have been in a state of drinking at the time of the crime of this case, but the defendant did not have the ability to discern things or make decisions.

Since it seems that the defendant was in a state or weak condition, the above argument by the defendant is without merit.

B. The instant crime of this case on the assertion of unfair sentencing by the Defendant and the prosecutor is an unfavorable circumstance to the Defendant, with the following: (a) the Defendant saw the victim who has no relationship with the Defendant in knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

The circumstances favorable to the defendant include: (a) the fact that the defendant misleads and reflects the defendant; (b) it is difficult to regard the crime of this case as a planned crime; (c) the attempted murder is committed; and (d) the fact that the defendant's health status is not good.

In full view of the above points and other circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., and the result of the application of sentencing guidelines by the Supreme Court Sentencing Committee, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

(c) The risk of repeating a crime with respect to the case of a request for attachment order shall be repeated.