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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. The decision of the court below on the gist of the appeal (five years of imprisonment) is too unreasonable.
2. Determination
A. The part of the case of the defendant was prepared by using a mountain knife knife that the victim was not contacted, and the circumstances leading up to the crime and the method of the crime are not good.
The victim was performed to felize kidne, window, etc., after being fested out of the body, while being satched out of the body.
The defendant was unable to reach an agreement with the victim or recover from damage until the court of first instance.
In consideration of these circumstances, the court below sentenced punishment within the sentencing guidelines recommended by the Sentencing Committee.
Until the trial of the court, there is no special change in circumstances that can be assessed differently from the sentencing conditions of the court below.
Defendant
Taking into account all the sentencing conditions shown in pleadings, such as age, sexual conduct, environment, family relationship, criminal records, circumstances, and results after the crime, the sentence of the court below is too inappropriate and the court below is exempted from the discretion given to the court of the court below.
to the extent that it is not unfair.
Defendant
The argument is without merit.
B. As long as the Defendant filed an appeal against the case against the Defendant in the lower judgment, the part regarding the claim for attachment order in accordance with Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc. is deemed to have filed an appeal.
However, the appeal submitted by the defendant or his defense counsel does not state the grounds for appeal related to the request for attachment order in the petition of appeal filed by the defendant, and even if the records are closely examined, this part shall not be reversed ex officio
3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act and Article 35 of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Monitoring, Etc.