beta
Text
The judgment below
The part of the defendant's case shall be reversed.
Defendant
In addition, a person who requests an attachment order shall be punished by imprisonment for 25 years.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) have asserted mental and physical disorder in the statement of grounds of appeal, the Defendant and the defense counsel withdrawn from the date of the first instance trial.
1) In order for the Defendant to kill the victim in a planned way as described in the facts charged in the instant case, the Defendant did not have CCTV to find out the way in which he did not have CCTV to kill the victim, thereby securing the route of intrusion and escape, or not prepared in advance the cables used for committing the crime, wire spons, and wire sponsing, etc.. The Defendant, while under the influence of drinking alcohol, was killed by a contingent victim. Nevertheless, the lower court recognized that the Defendant committed a planned murder of the victim as described in the instant facts charged, and that the lower court erred by misapprehending the legal doctrine, and that the Defendant’s imprisonment (30 years of imprisonment, etc.) sentenced by the lower court against unreasonable sentencing
B. The lower court’s dismissal of the Defendant’s request for an attachment order, despite the existence of a risk of recidivism.
2. Determination
A. As to the Defendant’s assertion of mistake (case part) 1, the following facts or circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, ① the Defendant, as to the motive of murdering the victim, consistently with the investigative agency, stated to the effect that “the Defendant considered the Defendant’s wife to have died of the victim at the time when the Defendant’s wife is mistaken for an internal relationship between the Defendant and the victim, and the victim was able to take a bath against the Defendant’s wife. The Defendant continued to satisfe the Defendant’s wife.” As such, how the Defendant was satisfly killed, the Defendant was able to prepare for the commission of the crime.” ② From July 1, 2019 to July 27, 2019, the date of the instant crime (the date of the instant crime (the date of July 27, 2019).