beta
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. At the time of committing the crime against the Defendant and the person who requested an attachment order, etc., the Defendant was in a state of mental disability due to depression, etc., and the lower court’s punishment (three years of imprisonment) is too unreasonable.
B. In light of the fact that there is a risk of recidivism by the prosecutor, it is improper to dismiss the request from the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”) for the attachment order of an electronic tracking device. It is unfair that the lower court’s punishment is too uneasible.
2. Determination
A. As to the Defendant’s claim of mental disability, the lower court asserted the same purport as the Defendant alleged in this part, and rejected the Defendant’s claim in detail with its explanation. In light of the evidence duly admitted and investigated by the lower court, the lower court’s determination is justifiable, and thus, the Defendant’s claim of mental disability is rejected
B. There are favorable circumstances such as the victim’s refusal to have the Defendant punished against the Defendant and the prosecutor’s assertion of unfair sentencing, and the fact that the Defendant appears to be against the Defendant.
However, as long as the Defendant was sentenced to 7 years of imprisonment for murder, etc. in the past and was released from prison due to murder, etc., there was a fact that the Defendant had a knife knife and knife into his residence and had committed robbery and had been sentenced to rape, and was sentenced to 7 years of imprisonment for the crime causing bodily injury to the victim during which the Defendant committed the crime of this case. There was no more than a few years since the Defendant was sentenced to punishment for the crime of this case and was released from prison due to the crime of this case, which was committed again similar to the crime of this case; the applicable law and the nature of the crime of this case
In full view of the above circumstances and the defendant's age, character and conduct, environment, health conditions, the background of the crime, the means and method of the crime, and the circumstances before and after the crime, all of the sentencing conditions and the jury's opinions on sentencing.