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(영문) 부산고등법원 (창원) 2014.02.07 2013노397

살인미수등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (10 years of imprisonment and confiscation) imposed by the first instance court on the defendant and the person against whom the attachment order was requested (hereinafter referred to as the "defendant") is too unreasonable.

B. The first instance court, which ordered the Defendant to attach an electronic tracking device, was improper to order the Defendant to attach the electronic tracking device, and the order to attach the electronic device is not only unreasonable but also unreasonable.

2. Determination

A. As to the assertion of unfair sentencing, the Defendant has recognized all of the instant crimes and expressed an attitude of pening as well as his own perception, and even if having developed difficultly in an influent family environment, there are favorable factors for sentencing, such as murdering is deemed to have been committed and having been supported by his father and wife.

However, the defendant demanded that the victim Eul, the husband of the victim E, who was in an internal relationship in the past, should have only an internal relationship and was convicted of the defendant's attempted to murdering or attempted to murdering the victim Eul on the ground that the victim E does not want to meet any longer. After that, the victim E was a director at the time of retaliation against the defendant, even if the victim E was already opening, the victim E even after the release of the defendant, the defendant confirmed the victim's conduct in advance, prepared the crime, such as a deadly weapon, and attempted to kill the victim's residence, and then tried to kill the victim'sJ (the victim's D's movement) with the escape network, and then attempted to kill the victim's life without fear, and then attempted to do so. Accordingly, the victim's several crimes are very dangerous, and the victim'sJ suffered significant mental distress and fear from other victims.