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(영문) 부산고등법원 2017.09.07 2017노368
살인미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence (a) imposed by the lower court on the Defendant and the person in charge of care and custody (hereinafter “Defendant”) (a punishment of three years of imprisonment, medical care and custody, etc.”) is too uneasible.

2. Determination

A. Various circumstances unfavorable to the defendant (each of the crimes of this case committed by the defendant) shown in the trial of the court below and the trial of the court below are as follows: (a) the defendant assaulted the victim without any reason during the long distance as stated in the facts of the crime in the judgment of the court below, and attempted to kill the victim with a knife with a knife, the right side part of the victim's right side, the right side part, etc.; (b) the crime is very serious in light of the course of the crime, contents, means, and methods, and results; (c) the victim suffers serious damage such as the facts of the crime in the judgment of the court below without any reason, and it seems that he suffered considerable mental shock, and even if there is no need or sufficient measure to recover from damage, etc., the court below's argument that the defendant did not have any effect of punishment, including unfair treatment, should not be considered in light of all the circumstances that the defendant committed the crime of this case, which is favorable to the victim, and there is no reason for the court below to impose any further punishment.

B. As long as a prosecutor appeals against the Defendant’s case, the part of the medical care and custody claim case is also subject to the medical care and custody case pursuant to Article 14(2) of the Medical Care and Custody Act.

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