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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant case 1) The Defendant and the respondent for an attachment order (hereinafter “Defendant”) are only the Defendant and the respondent for an attachment order.
2) The lower court’s sentence of unfair sentencing (one year of imprisonment, six years of location tracking device attachment) is too unreasonable, and there was no intention to commit murder on the part of the Defendant.
B. The lower court’s order ordering the Defendant to attach an electronic tracking device for 10 years in the absence of the Defendant’s intent to murder, and the risk of recidivism is unreasonable.
2. Determination:
A. Examining the evidence duly adopted and examined by the court below in light of the relevant legal principles as to the assertion of mistake of facts, the court below's judgment was justified in finding that the defendant had the intent to commit murder, taking into account all the circumstances such as the background of the crime in this case, the victim's upper part and degree, the criminal implements, and the circumstances after the crime in this case. There is no error of mistake of facts as alleged in the grounds for appeal. The allegation in this part of the grounds for appeal is without merit. 2) The crime in this case was committed in the absence of resolution of monetary liability against the victim, and attempted to murder the victim by taking account of the victim's head, etc., and attempted to murder the victim at multiple times, and the nature of the crime was very poor. Above all, the crime was committed with severe punishment. The same applies to attempted crimes that infringe human life, which is a valuable value, and the victim was punished for attempted crimes, the victim was punished for attempted crimes by the defendant, and the defendant was unfairly punished by imprisonment with prison labor or imprisonment without prison labor for not less than five years, etc.
This part of the grounds for appeal is also justified.