(영문) 대구고등법원 2017.02.03 2016노595 | 리걸엔진

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Reasons

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자간(%)

(영문) 대구고등법원 2017.02.03 2016노595

살인미수등

Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court’s improper sentencing (five years of imprisonment) is too unreasonable.

B. The part of the medical care and custody claim case is that the Defendant and the person who filed for the medical care and custody claim (hereinafter “Defendant”) need to receive constant treatment with the help of his/her ward and female living together in the future without having any mental symptoms. Therefore, even if they were confined in the medical care and custody center and received treatment, they may prevent re-offending.

Therefore, it is unreasonable that the court below ordered the defendant to take care of treatment.

2. Determination

A. As to the wrongful assertion of sentencing, the Defendant led to the confession of crimes and reflects the mistake.

The defendant committed a crime under the state that the defendant lacks the ability to discern things or make decisions due to a certain impossibility mental disorder. The defendant paid a lot of consolation money to the victims, and received a letter of suspicion by agreement.

However, the crime of this case is very heavy in light of the content, method, danger, etc. of the crime in which the defendant attempted to kill the victim by taking the head of the victim, which is a dangerous thing.

The victim F seems to have suffered serious injury, such as "pathosome climatic blood," which requires approximately eight weeks of medical treatment due to the Defendant's crime, as well as the bones of head and the bones of head.

In this respect, it is inevitable to strictly punish the defendant.

In full view of all the circumstances, including these circumstances, including the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment is determined to be within the appropriate range of sentence corresponding to its liability, and it does not seem to be unfair due to its excessive absence of sentence.

Therefore, the defendant's assertion is not accepted.

B. The lower court’s judgment on the part of the medical care and custody claim is as follows.

유사 판례

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