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(영문) 서울고등법원 2016.11.11 2016노2250
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (five years of imprisonment) imposed by the Defendant and the person against whom the attachment order was requested by the lower court (hereinafter referred to as the “defendant”) is too unreasonable.

B. Prosecutor 1) The lower court’s judgment dismissing the Defendant’s request for an attachment order even if the Defendant’s request for an attachment order is found to be in danger of repeating the offense is unreasonable, as the sentence imposed by the lower court is too uneasible.

2. Determination:

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the crime of this case committed the crime of this case against the Defendant and the Defendant committed the crime of this case at a disadvantage to the Defendant, including the following: (a) the Defendant attempted to murder the victim’s knife with a knife without any particular reason while under the influence of alcohol, and (b) the Defendant’s attempted murdering the victim’s knife and has very poor nature of the crime; (c) the victim suffered serious injury in need of eight weeks’ medical treatment; (d) mental damage was significantly high; (e) the Defendant did not reach an agreement with the victim; and (e) the Defendant committed the crime of this case while

However, the circumstances favorable to the defendant are considered as follows: (a) the defendant led to the confession of the crime of this case and reflects the depth thereof; (b) the defendant has no record of the crime except the suspended sentence and the second fine; and (c) the fact that the defendant lives relatively faithfully in an difficult environment.

Considering such circumstances and the Defendant’s age, character and conduct, family relationship, circumstances, and result of the crime, all of the sentencing conditions indicated in the instant pleadings, including the circumstances after the crime was committed, it cannot be deemed that the punishment determined by the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unreasonable sentencing is without merit.

B. As to the prosecutor’s rejection of the request for attachment order, the attachment of an electronic tracking device for a specific criminal.

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