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(영문) 서울고등법원 2015.07.16 2015노1356
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. The abstract of the grounds for appeal is too unreasonable that the original court's imprisonment (six years of imprisonment) is too unreasonable;

(In addition, the crime of this case is committed under the state of mental disorder and thus, the defendant is the first offender, his mistake is against himself, the crime of this case is committed under the state of mental disorder by mental division, etc., and the crime of this case is committed under the state of mental disorder by mental disease, etc., and the murder itself is committed under the state of attempted crime is favorable to the defendant.

However, the crime of this case was committed with the Defendant's mind that he will cover knife at any knife house without any reason, while intending to murder the knife and chest of the victim aged 96 years old at several times. In light of the circumstances and method of the crime, not only poor in the nature of the crime, but also high risk as a crime committed against an unspecified person. The victim was deemed to have suffered considerable mental and physical pain due to the crime of this case, but not recovered from damage. The defendant's imprisonment for 6 years sentenced by the court below is not the sentencing guidelines for the crime of attempted murder of this case. The defendant's imprisonment for 6 years from 6 years to 20 years from 6 years from 20 years from 20 years from , or 20 years from : the special aggravation area: ① the maximum punishment of the defendant for the crime of this case, the defendant's age, character and behavior, and all other circumstances presented in the court below's sentencing are not recognized.

On the other hand, although the defendant wishes to receive medical treatment and custody, Article 4(1) of the Medical Treatment and Custody Act provides that "a prosecutor may file a request for medical treatment and custody with the competent court where a person subject to medical treatment and custody needs to receive medical treatment and custody," and Article 4(7) of the same Act provides that "the court shall be subject to medical treatment and custody as

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