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(영문) 서울고등법원 2020.11.04 2020노1018
살인미수등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment (10 years of imprisonment, etc.) sentenced by the court below as to the accused case is too unreasonable.

B. It is unreasonable for the court below to impose the attachment order and its compliance on the defendant, since it is difficult to view that the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”) are likely to recommit the murder crime.

2. Determination

A. On November 8, 2019, the Defendant, even before committing the instant crime, was detained as a crime of special indecent act by force, special injury, etc. by using a knife, etc. against the victim, and the Defendant was released by being sentenced to imprisonment on the ground that the victim did not want the Defendant’s punishment, and that there were children who had to support the Defendant.

(In Mancheon District Court 2019Gohap702). However, the Defendant committed the instant crime against the victim without any reflection at all during the suspended execution and probation period, which did not go from November 16, 2019 to November 16, 2019.

The crime of this case has been committed in knife with a knife to murder at the end of assault and intimidation on the ground that the defendant's past personal relationship is not a victim's contact. The crime of this case is very bad.

The Defendant had a knife the victim with a knife, purchased a knife knife on the day of the crime of murder of this case, and found the victim to be a restaurant operated by the victim. For dialogue, the victim from the restaurant to have a knife, shoulder, buckbucks, left hand, etc. knife several times on the street, and the method of the crime is very cruel, buck and interview.

As a result, the victim suffered serious injury in need of at least eight weeks of treatment on the breast, knife, bridge, shoulder, head, knife, ma, etc., and in particular the upper part of the shoulder is the chest.

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