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(영문) 서울고등법원 2015.08.18 2015노1414

살인미수등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (eight years of imprisonment) imposed by the court below on the defendant and the person subject to a request for attachment order (hereinafter referred to as "defendant") in the part of the case of the defendant and the person subject to a request for attachment order is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

It is improper for the court below to dismiss the defendant's request for an attachment order of an electronic tracking device despite the risk of recidivism.

The crime of this case as to the part of the defendant's case is an unfavorable circumstance against the defendant, such as that the defendant attempted to kill the part of the victim in knife and attempted to murder the part of the victim, that is, it is not good that the defendant has engaged in arranging sexual traffic for many male customers over two or more months at the marina business place operated by him, that is, the crime of attempted murder was committed by the defendant, and the victim has reached up to the point where the victim's life is threatened due to damage to large amount of spacks, spacks, waste, etc. along with large amounts of spacks, and caused severe mental distress. The defendant did not receive a letter from the victim, and the defendant has a record of criminal punishment twice as a crime of arranging sexual traffic before committing the crime of arranging sexual traffic in this case.

However, there are circumstances favorable to the Defendant, such as the fact that the Defendant appears to have committed the crime of attempted murder of this case, and the crime of arranging sexual traffic appears to have been committed as a means of maintaining business in the state where the right of business of the marina business establishment is offered to sell to another person, and that there is no previous conviction exceeding the suspension of execution, etc.

The above circumstances and other circumstances, including the Defendant’s age, character and conduct, environment, motive and background, method and consequence of the crime, and circumstances after the crime, and the ex post facto nature of the appellate court.