(영문) 서울고등법원 2017.06.09 2017노975 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2017.06.09 2017노975

살인등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant and the person who requested the attachment order (hereinafter "the defendant") entered the public notification source and the defendant and the person who requested the attachment order (hereinafter "the defendant") did not intend to kill the victims from the beginning. The defendant and the person who made the request for the attachment order (hereinafter "the defendant") merely used the knife to make the victims confused with the victims.

2) The Defendant was in a state of mental and physical loss or mental weakness under the influence of alcohol at the time of committing the instant crime.

3) The sentence of the lower court (18 years of imprisonment) that is unfair in sentencing is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s improper sentencing is too uneasible and unfair.

2) The Defendant tried to kill or kill victims in a knife due to mere assault and response to harassment.

The defendant's evaluation of the risk of recidivism by adults (KORAS-G) and mental patients (PCL-R) constitutes "high or intermediate risk of recidivism" as a result of the evaluation of the risk of recidivism by adults.

Considering this point, it is improper for the court below to dismiss the defendant's request for attachment order even though there is a risk of recommitting the murder crime.

2. Determination

A. The Defendant’s assertion of mistake of the Defendant’s facts is considered to take into account the following: (a) he left the E Park after the Defendant was abused by the victim D; (b) left the E Park, and immediately returned to the E Park; (c) the Defendant was knife and knife the victim D; (d) the Defendant knife the victim C; and (e) the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn

I seem to appear.

The defendant's assertion of facts is without merit.

However, the court below does not constitute a planned murder, which is a special sentencing factor, in applying the sentencing criteria.

was assessed and assessed.

유사 판례

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-부산고등법원 2018.07.19 2018노312

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