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(영문) 대전고등법원 2014.09.19 2014노255
살인미수등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for seven years.

2.2.2.20 per cent of the amount seized.

Reasons

1. Summary of grounds for appeal;

A. The sentencing (five years of imprisonment) of the lower court (limited to the Defendant and the requester for an attachment order (hereinafter “Defendant”) is too unreasonable.

B. The lower court’s sentencing is unfair because it is too unfasible, and it is also unreasonable to dismiss the prosecutor’s request for an attachment order of an electronic tracking device.

2. As to the part of the Defendant’s case, there is a reason to consider the Defendant’s sentencing in favor of the sentencing, such as the fact that the Defendant made a confession of all crimes when he was in the trial, that the murder crime was committed in parallel, that was committed in the attempted crime, and that the victim H and I was not in the position of injury, that the Defendant, who received treatment due to the existence of alcohol in the past, appears to have committed a contingent crime without attending to the process when the victims and the victims occur after drinking alcohol, and that there is no record of criminal punishment heavier than that of the suspension of the execution of the previous imprisonment.

However, in light of the fact that the Defendant was punished by a fine due to violent crimes in the past, the Defendant purchased excessive materials, a dangerous object with the intent to kill or injure the victims on the ground that there was a minor vision with the victims who did not know at all at a restaurant, and the victims committed the instant crime, and the victims got out of the restaurant. In the case of the victims E, the victims of the instant crime are four persons, a majority of them, and the victims suffered significant injury to the extent that the instant crime may cause hindrance, the victims did not take measures to recover any damage, the victims did not take measures to recover any damage, and the victims want to be punished by a severe punishment against the Defendant up to the trial, the sentencing of the lower court against the Defendant is deemed unfair.

3. The lower court, based on its stated reasoning, submitted by the prosecutor regarding the part regarding the attachment order case.

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