살인미수등
Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
1. The sentence imposed by the lower court (one year of imprisonment, ten years of an electronic tracking device attachment order, etc.) is too unreasonable.
2. Determination
A. In the part of the Defendant case, the Defendant and the respondent for the attachment order (hereinafter “Defendant”) recognized the facts charged at the appellate court and seriously reflects the error, and as a result, the court below acknowledged the favorable sentencing factors, such as the fact that the murder of this case was committed in the course of attempted crimes.
However, the facts of the crime of this case and the crime of this case recognized by evidence, evidence law and legal principles (the legal meaning of confinement, etc. is recognized) are as follows: the victim's head, etc., which the defendant requires hedging, was injured by rubber, and the victim's head, etc., was detained while committing rape, and attempted to kill the victim, and the crime was bad, and the crime was committed. The victim suffered injury to the degree that it would cause danger to the life of the victim due to the large amount of flasing due to the flasing damage to the flas, which is the important part of life, the victim's life-related part; the victim could have lost his life if the victim had not been rescued by the witness; even if the victim suffered a large mental and physical pain due to each of the crimes of this case, the victim did not recover from damage even if the victim suffered a large amount of mental and physical pain, and the defendant attempted to murder flas and attempted to do so, and it is also recognized as an objective and neutral criminal sentencing factor that has been sentenced to imprisonment or suspended execution.
The above sentencing factors, sentencing guidelines, and statutory penalty for the crime of attempted murder with heavy aggravated punishment (a death penalty, life imprisonment, or imprisonment of not less than five years) and applicable sentences, sentencing cases for similar cases, Defendant’s age, character and conduct, intelligence and environment, motive and circumstance leading to each of the crimes of this case, and means and consequence of the crimes.