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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. As to the part of the Defendant case, the Defendant and the respondent for the attachment order (hereinafter “Defendant”) have lost the nature of the murder and committed contingent crimes by drinking alcohol at the time of committing the murder of this case.
In addition, considering the relationship between the defendant and the victim, the health condition of the defendant, etc., the punishment imposed by the court below (7 years of imprisonment, confiscation) is too unreasonable.
B. With respect to the part of the request for attachment order, the Defendant does not pose a risk of repeating murder again, and if the attachment order issued by the lower court is in accordance with the attachment order, the Defendant ought to attach an electronic tracking device even when he/she becomes older than 70 years old.
Therefore, the judgment of the court below ordering the defendant to attach an electronic tracking device for ten years is unreasonable.
2. Determination
A. As to the part of the Defendant’s case, when the Defendant hedgingd with the victim C who had taught for about four years, the Defendant inflicted bodily injury upon C, and subsequently, committed the crime of murder by bullying, such as failing to commit the act of intimidation or sending a multiple text message to C several times.
In particular, the defendant's attempted murder crime is planned by preparing one set of excessive arrest time and waiting a taxi near the driving range, which is the place of the crime, and the crime has been suspended due to the wind that the defendant runs away while playing in the driving range, and the actual risk of the result of the murder has been significantly high.
Furthermore, C has suffered serious injury as the left part is open due to the Defendant’s attempted murder and damaged the discarded part, and even though it does not interfere with his life, it is necessary to provide additional treatment, such as scarcity, in the future, and it has not been out of a serious mental impulse until now.
On the other hand, the Defendant was sentenced to a punishment for fraud and was serving in prison, and on August 27, 2012.