살인등
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for thirty years.
The seizure one of the above-mentioned provisional evidence.
1. As to the part of the Defendant case, the lower court rendered a judgment that found the Defendant case guilty, that ordered the attachment of an electronic tracking device for ten years with respect to the part regarding which the request for attachment order was filed, and that dismissed the prosecutor’s request with respect to the part regarding
As to this, the Defendant and the person subject to a request for attachment order and the person subject to a request for probation order (hereinafter “defendants”) appealed against the Defendant’s case and the request for attachment order among the judgment below, and the prosecutor appealed against the Defendant’s case on the grounds of unreasonable sentencing.
If a prosecutor files an appeal against a prosecuted case, it shall be deemed that an appeal has been filed regarding a request for probation order pursuant to Articles 9(8) and 21-8 of the Act on the Electronic Monitoring, etc. of Electronic Devices, and this part of the case shall also be subject to the judgment
2. Summary of grounds for appeal;
A. Defendant 1) Defendant 1’s assertion of misunderstanding of facts (the part concerning attempted murder of the victim F) (the part concerning attempted murder of the victim F) was carried with a deadly weapon and did not intend to kill the victim F.
B) The Defendant claiming mental and physical disorder administered philophonephones at the time of committing the instant murder and attempted murder, and committed each of the above crimes under the state of mental and physical disability. C) The lower court’s punishment (25 years of imprisonment) claiming unfair sentencing is too unreasonable.
In full view of various circumstances, including the fact that it is difficult to readily conclude that the Defendant has a risk of recommitting murdering, the lower court ordering the Defendant to attach an electronic tracking device for ten years.
Therefore, the period should be dismissed or shortened.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
3. Determination of the accused case
A. The criminal intent in the first crime of murder determination as to the Defendant’s assertion of mistake of facts is the purpose of murder or planned murder.