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(영문) 대전고등법원 (청주) 2013.03.14 2013노1

살인미수

Text

Defendant

In addition, the appeal filed by the respondent A, the defendant B, and the prosecutor shall be dismissed, respectively.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for attachment order: (a) the Defendant and the respondent for attachment order (hereinafter “Defendant”) did not intend to kill the victim; and (b) the Defendant merely threatened the victim and the Defendant with knife one knife while threateninging the victim; (c) however, the lower court erred by misapprehending the fact that the Defendant had the intent to commit murder, thereby adversely affecting the conclusion of the judgment.

B) The lower court’s sentence (six years of imprisonment) against the Defendant is too unreasonable and unfair. 2) The Defendant’s body was too open at the time of receiving a request for the attachment order from the investigator working in the Chungcheong branch of the Cheongju Probation Office to undergo an investigation before the request for the attachment order, and accordingly, the Defendant’s order to attach the instant attachment order was unlawful, despite the fact that the Defendant did not reflect the Defendant’s accurate outcome on the risk of recidivism, and the result of mental disorder (PCA-G) was at the level of “ upper” as a result of the evaluation of recidivism risk (KORA-G), and the result of the evaluation of recidivism risk unfavorable to the Defendant. However, the Defendant’s order to attach the instant attachment is unlawful, even though it is difficult to deem that there is a risk that the Defendant would again commit a crime.

B. Although Defendant B repented of a mistake with respect to a crime that Defendant B committed by contingently during his commission, it is unfair that the lower court’s imprisonment (eight months of imprisonment) against the Defendant is too unreasonable.

C. The prosecutor Defendant C and D are not divided by denying each of the crimes in this case at an investigative agency, and there is a very strong violent tendency, such as profesing the trial cost, assaulting the victim, etc. solely for the minor reason that the victim scams the face, and the victim is getting knife from the knife of the defendants.