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(영문) 서울고등법원 2014.12.04 2014노2836

살인미수

Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. The sentence of imprisonment with prison labor (two years of imprisonment, confiscation and medical treatment and custody) of the first instance court shall be too unreasonable;

2. Determination:

A. The instant crime committed on the part of the Defendant case is that the body of the victim who reported the Defendant as well as the person under medical treatment and custody (hereinafter referred to as the “Defendant”) who is not able to maintain her livelihood with a pro-friendly and living, has taken the body of the victim into the kitchen knife, and the nature of the instant crime is not weak.

It seems that the victim suffered a considerable physical and mental pain due to the crime of this case.

However, on the other hand, the Defendant was suffering from a mental divided disease from around March 13, 2006, while continuously receiving mental treatment from around March 13, 2006, and committed the instant crime in a state of mental disorder such as error in actual judgment, extreme emotional instability, etc. without improving the symptoms of mental illness such as exchange, damage, etc., and subsequently, committed the instant crime in a state of mental disorder such as an error in the judgment of reality, extreme emotional instability, etc., and the degree of

In full view of these various sentencing conditions, the first instance court selected the statutory penalty for attempted murder, imprisonment with prison labor for life or for a limited term of not less than five years, and sentenced two years near the lower limit of the applicable sentencing range (one year to seven months from the date of imprisonment), which has undergone statutory mitigation (a person with a mental disability, a person with a limited term of imprisonment).

Considering such circumstances, in light of the various circumstances as the Defendant’s age, character and conduct, motive and background of the instant crime, the means and consequence thereof, etc., and the fact that there is no particular change of circumstances after the first instance court, the first instance court’s imprisonment with prison labor for the Defendant is proper and too unreasonable, and thus, the Defendant’s assertion of unfair sentencing is without merit.

B. The part of the medical treatment and custody application case is deemed to have filed an appeal regarding the medical treatment and custody application case in accordance with Article 14(2) of the Medical Treatment and Custody Act as long as the defendant filed an appeal against the accused case.