beta
(영문) 서울고등법원 2020.05.07 2019노2380

살인미수등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for seven years.

Defendant.

Reasons

1. As to the part of the Defendant case, the lower court rendered a judgment that found the Defendant case guilty, that ordered the attachment of an electronic tracking device for ten years with respect to the part regarding which the request for attachment order was filed, and that dismissed the prosecutor’s request with respect to the part regarding

As to this, the Defendant and the person subject to a request for attachment order and the person subject to a request for probation order (hereinafter “Defendant”) appealed from the judgment of the court below on the grounds of unreasonable sentencing as to the accused case and the case of request for attachment order.

When a prosecutor has lodged an appeal against a prosecuted case, it shall be deemed that an appeal has been filed regarding a request for probation order pursuant to Articles 9(8) and 21-8 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, and this part of this Act shall also be subject to the judgment of this court.

2. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts about Defendant case A) The Defendant violated the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Special Rape) against Victim C, and transferred the knife in his possession to the victim’s house.

In addition, the defendant has no fact of threatening the victim after locking the door door of the victim.

(2) The Defendant did not intend to murder the victim B, but recommended the victim who had a respect for drugs and a sacrificide to commit suicide, and the victim consented to do so and used the exemption for himself/herself.

B) It is unreasonable that the Defendant, at the time of each of the instant crimes, took a large quantity of mental drugs, such as water exemption, etc., and was in a state of mental health and physical disability. C) The lower court ordering the Defendant to put an employment restriction for five years, which was sentenced by the lower court of unfair sentencing (one year of imprisonment, etc.) is too unreasonable, and the Defendant is claiming an attachment order.