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(영문) 부산고등법원 (창원) 2013.10.18 2013노140
살인미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the first instance court to the defendant and the requester for medical treatment and custody (hereinafter “defendants”) (two years of imprisonment with prison labor and three years of suspended sentence) is too uneasable and unreasonable.

B. In light of the motive of the instant crime on the part of the medical treatment and custody claim claim, the nature of the Defendant’s disease and difficulty in medical treatment, whether the Defendant is equipped with an environment to continue to receive future medical treatment, and whether the Defendant is willing to prevent recidivism, it is unreasonable to dismiss the Defendant’s request for medical treatment and custody from the first instance court, despite the need to undergo medical treatment at

2. Determination

A. As to the argument on the part of the defendant's case, the defendant tried to kill the victim by knife knife knife knife knife knife, and the crime of this case is very poor, and the victim suffered serious injuries due to the crime of this case, etc.

However, it is also recognized that the defendant has an attitude to reflect on his own recognition of the crime of this case, and there has been no record of punishment other than a fine of KRW 700,000,000 so far, due to the violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in 195, and that the defendant has committed the crime of this case under the state that he has the ability to discern things or make decisions, and that the victim has not been punished.

In full view of the aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, the motive and background leading to the instant crime, the means and consequence of the instant crime, and the circumstances revealed in the arguments, such as the circumstances after the commission of the crime, etc., the sentence sentenced by the first instance court is deemed to be adequate, and it cannot be deemed that it is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

B. The first instance court’s argument on the part of the medical treatment and custody claim claim.

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