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(영문) 대전고등법원 2015.06.05 2015노59

살인등

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The lower court’s imprisonment (seven years of imprisonment) with respect to the Defendant’s case is too unfluent and unreasonable.

B. As to the case of a request for attachment order, the lower court erred by dismissing the request for attachment order of the location tracking electronic device of this case, since the Defendant and the requester for medical treatment and custody and the requester for attachment order (hereinafter “defendant”) are likely to repeat a crime.

Judgment

A. In full view of the circumstances that the court below held with respect to the defendant's case (the defendant had shown symptoms of mental illness for a long time, but failed to receive proper treatment, and the crime of this case was committed on the network due to early illness, and the defendant was not subject to any criminal punishment prior to the crime of this case, and the defendant was unable to properly respond to the facts of the crime of this case including his personal information during the investigation and trial process, and the defendant was deemed to have had a significant impact on the fact of the crime of this case. The defendant is deemed to be a patient with severe treatment before being the criminal who committed the crime of this case, and it is difficult to entirely take the responsibility for the crime of this case because the defendant is deemed to be a patient with severe treatment before being the criminal who committed the crime of this case) and other circumstances that are the conditions of sentencing that can be known by the records, it cannot be deemed that the sentence imposed by the court below is too weak to the extent that the sentence imposed by the defendant should be reversed.

The judgment of the court below shall not be deemed to have an unreasonable reason, as alleged in the grounds for appeal by the prosecutor.

B. As to the case of a request for attachment order, “risk of recommitting a homicide” under Article 5(3) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders means that the possibility of recommitting a homicide is insufficient enough, and that the person who requested attachment order is highly likely to injure legal peace by committing a homicide again in the future.

The murder crime is committed.