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(영문) 서울고등법원 2018.06.15 2018노708
살인미수등
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The part of the case against the defendant (unfair sentencing) 1) The sentence of the court below (five years of imprisonment, confiscation) that the court below sentenced the defendant and the person who requested the attachment order (hereinafter "the defendant") to the defendant and the person who requested the attachment order (hereinafter "the defendant"), is too unreasonable.

2) The sentence imposed by the lower court on the Defendant is too unhued and unreasonable.

B. Although the Defendant in the part of the case of the attachment order is sufficiently likely to repeat the crime in light of the violent tendency, including a majority of violent criminal records, it is unreasonable for the lower court to dismiss the Defendant’s request to attach an electronic device

2. Determination

A. The Defendant’s part of the instant case appears to have engaged in social life without any previous conviction for the last 15 years, and there was no extreme result of the crime of attempted murder of this case, and the Defendant’s violation of all of the instant crimes, which have been recognized by the first instance court, is favorable to the Defendant.

On the other hand, the defendant has been convicted of 14 times of violence including one punishment prior to each of the crimes in this case. Each of the crimes in this case is that the defendant prepared the victim living together with him in advance and tried to murder several times with golf loans, and that he did with golf loans to the person living together with him, and the crime is not very good, and the degree of injury of the victims due to each of the crimes in this case is not less and less severe, and that the defendant did not receive any tolerance from the victims up to the trial of the case, etc., which are disadvantageous to the defendant.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, sex, intelligence and environment, family relationship, means and consequence of the crime, and the circumstances after the crime, the punishment imposed by the lower court is too heavy or is deemed unreasonable.

Therefore, this part of the defendant and the prosecutor.

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