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(영문) 서울고등법원 2015.11.26 2015노2677
살인미수등
Text

Defendant

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

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (A) Defendant case (A) and the respondent for an attachment order (hereinafter “Defendant”) are only the Defendant and the respondent for an attachment order (hereinafter “Defendant”).

(B) Although there was no intention to kill the victim, the lower court erred by misapprehending the fact that the Defendant committed murder and attempted murder. (B) The lower court’s sentence of unfair sentencing (10 years of imprisonment) is too unreasonable. (2) The lower court imposes an obligation on the Defendant to attach an electronic tracking device for 20 years, even though the Defendant did not pose a risk of recidivism.

(b) The Prosecutor’s sentence is too minor, and the electronic device attachment period is too short.

2. Determination

A. Part 1 of the defendant's case concerning the defendant's assertion of misunderstanding of facts also at the court below, and the court below rejected the defendant's assertion in detail under the title of "decision on the defendant's and his defense counsel's assertion" in the judgment of the court below. In comparison with the above judgment of the court below, the judgment of the court below is justified, and there is no error of law that affected the conclusion of the judgment by misunderstanding the facts as alleged by the defendant, and the defendant's assertion is without merit.

However, the crime of this case is committed by the Defendant, who committed the crime of this case, and attempted to kill the victim by breaking the body of the victim in a non-discriminatory manner, in order to reach an agreement with the victim after the Defendant inflicted an injury on the victim, and did not meet his own intent.

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