살인미수등
1. The part of the judgment of the court below against Defendant A regarding Defendant A shall be reversed.
A defendant shall be punished by imprisonment with prison labor for fifteen years.
1. Summary of grounds for appeal;
A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) committed the instant crime in a state of mental disorder or mental retardation by drinking alcohol. The Defendant committed the instant crime in a state of mental disorder or mental retardation.
B) The lower court’s punishment (a prison term of 10 years, 1, 2, and 3) is too unreasonable and unfair.2) The period of attachment of an electronic tracking device (20 years) in the part of the lower court’s claim for attachment order is too too long and unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. According to the records on the part concerning the defendant's mental and physical disorder determination of the defendant's mental and physical disorder, it is not determined that the defendant has no or weak ability to discern things or make decisions due to drinking at the time of the crime of this case in light of various circumstances, such as the circumstance leading to the crime of this case, the means and method of the crime of this case, the defendant's behavior before and after the crime of this case, and the defendant stated in the process of the crime of this case. Thus, this part of the defendant's assertion is without merit. 2) The defendant's argument on the grounds of unfair sentencing decision of the defendant and the prosecutor is favorable to the defendant.
On the other hand, the Constitution of the Republic of Korea guarantees human dignity and value as the fundamental norm, and the crime of murder is a serious criminal that infringes on the right to life, which is the basis of human dignity and value, and the defendant committed the crime of quasi-rape against the victim who is a female son aged 8 at the Jeju District Court on July 11, 1986, and then murdered the victim.
‘The sentence of imprisonment for life was imposed on the criminal facts (the above judgment became final and conclusive after appeal and appeal), and the sentence was imposed for 20 years in prison, and was released on November 28, 2008.