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(영문) 서울고등법원 2014.07.18 2014노1455

살인미수등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Grounds for appeal;

A. Part of the defendant's case - The crime of unfair sentencing committed by the defendant and the person requesting the attachment order (hereinafter referred to as the "defendants") committed the crime of this case is planned to prepare for an excessive period of time and wait for a victim returning home, and there is no serious doubt that denies the intention of murder, and even though the victim submitted a written agreement at the court below but reversed the intention of punishment several times, there is doubt as to whether the above written agreement was true or not. In light of the above, the sentence (three years of imprisonment and four years of suspended execution) sentenced by the court below is too unreasonable.

B. In light of the following: (a) the part regarding the claim for attachment order of a location tracking electronic device – the Defendant commits an attempted murder; (b) the Defendant, who immediately deserts from the scene after the commission of the crime; (c) the method of leaving the scene; (d) the victim’s external appearance; and (e) the Defendant’s application of the degree of “high level” as a result of applying the risk assessment of recidivism to the Defendant; and (e) the Defendant’s application of the risk assessment of recidivism; (b) the lower court rejected the outcome of the above assessment without any reasonable ground; and (c) dismissed the claim for attachment order of this case.

2. Determination

A. As to the part of the defendant's case, the crime of this case was committed by the defendant who is doubtful of the victim's influence, who is his spouse, and reported that the victim's body has been left and started his house has been emitted, and the victim attempted to kill the victim several times and attempted to do so. Accordingly, the victim could have lost his life by causing damage among the above, and the crime is not weak.

However, while waiting for returning home of the victim at the nearby hospital parking lot, the defendant reported that the victim will come home during the night, and entered home.