beta
Text
Defendant
In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.
Reasons
The summary of the grounds for appeal is as follows: (a) the Defendant’s mental and physical loss, or the Defendant and the person who requested the attachment order (hereinafter “Defendant”) to whom the physical and mental loss or mental weakness was committed, was under the influence of alcohol at the time of committing the instant crime.
With respect to the punishment sentenced by the court below (15 years of imprisonment), the defendant asserts that it is too unreasonable for the defendant, and the prosecutor asserts that it is too uneasible and unfair.
The prosecutor asserts that it is unfair for the court below to dismiss the defendant's request for attachment order even though the defendant has the risk of repeating the crime of murder.
Judgment
According to the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of loss of mental or physical injury or mental injury, it may be acknowledged that the Defendant had drinking to a certain extent at the time of committing the instant crime. However, the witness H of the lower court was wn at his own house by driving the victim’s vehicle after committing the instant crime.
In other words, it seems that the meaning of this case was relatively and clearly, and thus, it was deemed that a large amount of alcohol was not available.
In light of various circumstances such as the background of the instant crime, method of the crime, and the Defendant’s act before and after the commission of the crime, it cannot be deemed that the Defendant, under the influence of alcohol at the time of the crime, did not change things or lost the ability to make a decision, or did so.
Therefore, we cannot accept the defendant's above assertion.
The defendant, as a designated trainee, has come to commit the instant crime during the escape, has a criminal record of the same kind of violence, and the instant crime provided accommodation to the defendant living together with the body of the victim living together with him/her at least 30 times with a deadly weapon.