(영문) 서울고등법원 2013.03.15 2012노4419 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2013.03.15 2012노4419

살인미수등

Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Part of the defendant's case

A. The summary of the grounds for appeal is as follows: Defendant and applicant for medical treatment and custody are subject to the sentence; hereinafter referred to as “Defendant”).

The sentence of the court below (three years and six months of imprisonment) against Daehan is too unreasonable.

B. There are some grounds for sentencing that can be considered to the defendant, such as the fact that the crime was committed in a state of mental disorder, the fact that the defendant recognized the crime and is in an difficult home form.

However, the crime of this case is very serious in consideration of the fact that the defendant, while under the influence of alcohol, brought a complaint against the remaining interest of the victim, who is a friend, and brought an excessive 8 mm in the length of the knife, tried to kill the part of the victim once and attempted to do so. The defendant's crime of this case is very serious in consideration of the fact that he committed the crime without any justifiable reason in the situation where he committed the crime in which he was committed with his children while living together with his children in the house of the victim, and instead, he committed the crime without any justifiable reason.

Although the result of the crime is not easy, it is not agreed with the victim.

The risk of recidivism is also high in light of the fact that the defendant is under normal alcohol and shows the symptoms of severe alcohol dependence.

In full view of all the sentencing conditions in the instant case, including the Defendant’s age, character and conduct, environment, motive and means of crime, and consequences, such as the circumstances after the crime, and the result of the application of the sentencing guidelines by the Supreme Court sentencing committee, it cannot be deemed that the lower court’s sentence against the Defendant is excessively unreasonable.

Therefore, the defendant's assertion is without merit.

2. If the part of a medical treatment and custody application case has filed an appeal against a prosecuted case, it shall be deemed that an appeal has been filed regarding a medical treatment and custody case under Article 14 (2) of the Medical Treatment and Custody Act, but shall be filed in the

참조조문

-치료감호 등에 관한 법률 제14조 제2항

유사 판례

-서울고등법원 (춘천) 2013.05.01 2013노10

-대전고등법원 2013.06.05 2013노180

-서울고등법원 2013.10.11 2013노2564

-서울고등법원 2013.04.26 2013노1023

-대구고등법원 2013.12.05 2013노505