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(영문) 부산고등법원 2016.09.21 2016노451
일반물건방화등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for three years.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment with prison labor for the lower court (four years) and the person who filed a request for attachment order (hereinafter “Defendant”) with the Defendant and the person who filed a request for a medical care and custody order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s unfair sentencing is too uneasible and unfair.

2) It is unreasonable for the court below to dismiss the request for attachment order even if the defendant's rejection of the request for attachment order is found to pose a risk of recidivism.

2. Determination

A. The crime of this case is committed against the defendant and prosecutor's argument that the crime of this case is committed against the defendant's unfair judgment on the sentencing of the defendant and prosecutor. The defendant committed the crime of this case in a state of mental and physical weakness due to the destruction of waste timber, which is a general object of the victim E, and the defendant's mother and knife with the mind that the defendant would die, so long as knife the rear part of the left part of the victim I, which was faced with the intention to kill the above victim, it is difficult to do so, and the defendant attempted to kill the above victim. The crime is committed against the defendant. However, in light of the law and contents of the crime, and the danger of excessive appearance of the crime, the crime is very poor, but the defendant is committed against the defendant at the trial, and there is no history of punishment, the defendant was committed the crime of this case in a state of mental and physical weakness due to the fact that there was no evidence of punishment, the defendant committed the crime of this case, the circumstances and motive and circumstances of the crime, etc.

The decision is judged.

Therefore, this part of the defendant's argument is reasonable, and this part of the prosecutor's argument is without merit.

B. The lower court’s determination on the ground that the prosecutor’s request for an attachment order was dismissed is justifiable.

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