살인미수등
Defendant
In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (two years of imprisonment) against the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too unreasonable.
B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.
2) The lower court’s dismissal of the Defendant’s request for attachment order against the Defendant, despite the risk of recommitting murdering by the Defendant.
2. Determination
A. As to the allegation of unfair sentencing by the defendant and the prosecutor, the crime of this case was committed against the victim who had lived for a long time with another male, who was suspected that the victim had been living together for a long time had the horses taken by the victim, and the victim was about about the attempted murder by threatening the victim with a knife, and thus, the crime was not less severe in light of the method and content of the crime.
The victim seems to have suffered a lot of shock and pain due to the above crime by the defendant.
On the other hand, the defendant recognizes both crimes, and reflects the wrongness, and has no record of criminal punishment except for fines twice.
In the court below, the defendant paid the agreed amount to the victim, and the victim again wishes to take the action against the defendant in this court.
In full view of the following circumstances, including these circumstances, the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, all of the sentencing conditions and the scope of the recommended punishment according to the sentencing guidelines (one year and three months to seven years) as stated in the instant records, such as the circumstances after the commission of the crime, it does not seem that the sentence imposed by the lower court is too heavy or unreasonable.
Therefore, this part of the argument by the defendant and the prosecutor cannot be accepted.
B. As to the prosecutor’s assertion regarding the part regarding the request for attachment order, the lower court submitted by the prosecutor on the grounds of the circumstances indicated in its reasoning.