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(영문) 서울고등법원 2017.01.17 2016노3484
살인미수등
Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

The court below rendered a judgment that convicted the Defendant and the requester for the medical care and custody (hereinafter “Defendant”) on the part of the instant case, and sentenced the Defendant to the medical care and custody for the part of the medical care and custody claim. However, the court rendered a judgment dismissing the prosecutor’s request regarding the part of the claim for attachment order.

Notwithstanding Article 9 (8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, etc., this part is excluded from the scope of the trial of this Court, as there is no benefit in appeal as to the part of the claim for attachment order, since only the defendant appealed.

The summary of the reasons for appeal - The sentence that the court below sentenced against the defendant (three years of imprisonment) is too unreasonable.

Since the Defendant does not have any early illness and has a normal mental state, it is unreasonable for the lower court to accept the request for the medical care and custody of this case.

Judgment

The part of the case of the defendant - The defendant did not have any criminal record against the illegal defendant, the defendant committed the crime of this case in a state of mental and physical weakness due to the editoric personality illness, the crime of this case was committed in a state of mental and physical disorder, the crime of this case was committed in the attempted crime, and the defendant and the victim wanted to have the defendant's wife.

On the other hand, the crime of this case was committed by the victim, who was approaching the back of the victim who was studying in the military room by the defendant, and tried to kill the knife, and the victim again knife again knife, and the crime of this case was very heavy, and the victim was at risk of the loss of life due to considerable damage to the blood transfusion and the knife. The victim seems to have suffered serious mental shock and pain due to the crime of this case, and it is not easy to overcome these shock and pain in the future.

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