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(영문) 부산고등법원 (창원) 2017.10.18 2017노217

살인미수

Text

The judgment below

The part of the case of the defendant is reversed.

Defendant, the respondent for attachment order, and the respondent for attachment order.

Reasons

1. Summary of grounds for appeal;

A. In the part of the case of the defendant, the sentence imposed by the court below on the defendant, the person who requested the attachment order and the person who requested the attachment order (hereinafter "the defendant") for the observation order of the victim (hereinafter "the defendant") (the imprisonment of three years, five years, five years of suspension of execution, one year of the observation of protection, and 40 hours of the attendance order") is too uneasible

B. It is unreasonable for the court below to dismiss the request for the attachment order of this case and the request for the protective observation order of this case even though the defendant has a risk of recommitting the murder crime.

2. The crime of this case as to the part of the defendant's case is suspected of the male relation of the victim living together with the defendant, and the part of the victim's left chest part of the kitchen knife is attempted to murder with the kitchen knife, and the nature of the crime and the method of the crime are very poor, and the crime of infringement was committed because it is very heavy that the life of the person cannot be altered, and thus, the crime of this case was attempted.

Even if there is a need for strict punishment, the degree of injury suffered by the victim due to the instant crime is not less severe, and it seems that considerable physical or mental pain has been suffered even after the surgery, etc., the Defendant committed the instant crime under the circumstances where children living behind the victim, and escaped without making efforts to rescue the victim’s escape from the crime. The Defendant has the record of receiving criminal punishment, family protective disposition, and child protective disposition due to the violation of the Punishment of Violences, etc. Act, the crime of injury, etc., and the crime of continuation of the crime. In particular, the Defendant has been subject to non-prosecution disposition, even though the victim committed three times or assaults around 2016, but the Defendant was subject to non-prosecution disposition without the right of prosecution since the victim did not want to be punished. On January 18, 2017, the Changwon District Court received the family protective disposition due to the continued injury of the defendant’s relative, etc.