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(영문) 부산고등법원 (창원) 2017.08.23 2017노138
살인미수
Text

Defendant

In addition, the appeal filed by the person who requested the attachment order and the person who requested the treatment and custody order shall be dismissed.

Reasons

1. The lower court rendered a judgment citing the prosecutor’s claim regarding the Defendant’s conviction, treatment and custody claim regarding the Defendant’s case, and rendered a judgment dismissing the prosecutor’s request regarding the request for attachment order.

As a result, only the defendant and the person who requested an attachment order and the person who requested the treatment and custody (hereinafter "defendant") have appealed, there is no benefit in appeal regarding the case of the attachment order claim.

Therefore, notwithstanding the provisions of Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and Electronic Monitoring, the part of the judgment below regarding the application for attachment order among the judgment below is excluded from the scope of the judgment of this court, and only the part regarding the case of the defendant and the case of treatment and custody application falls under the

2. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (such as imprisonment with prison labor for three years) is too unreasonable.

3. The crime of this case pertaining to the part of the defendant's case is deemed to have been committed by the defendant, and the part of the victim's clothes are about attempted to murder the victim's knife on the road, and the nature and method of the crime is very poor. The victim may lose his brut life due to the crime of this case, even though he did so.

Even if there are strict penalties, the fact that the defendant did not agree with the victim is disadvantageous to the defendant.

On the other hand, the Defendant committed the instant crime in a state of mental and physical weakness due to the fact that he was aware of all the instant crimes and reflects his mistake when he was found to have committed the instant crime. The Defendant committed the instant crime in a state of mental and physical weakness while he was under symptoms such as the damage, etc. when he was in a state of drinking, and that he did not have any record of punishment exceeding the same crime or fine.

The above circumstances and the Defendant’s age, sex, environment, and age.

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