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(영문) 서울고등법원 2015.11.19 2015노2630
살인미수등
Text

All judgment of the first instance court shall be reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Applicant for medical treatment and custody.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the first instance court on the part of the accused case (two years and six months of imprisonment) is too unhued and unfair.

B. It is unreasonable for the first instance court to dismiss the Defendant’s request for the attachment order of this case, since the part of the case where the attachment order is requested is likely to repeat

2. The following circumstances acknowledged by evidence duly adopted and examined by the first instance court prior to the determination of the prosecutor’s grounds for appeal on the part of the defendant’s case, namely, ① the defendant began from around 1979 to was punished 37 times as violent crimes prior to the instant crime. As to the grounds for repeating violent crimes, the investigative agency stated to the effect that “if other persons go against them, they will lose their nature if they go against them. There are many cases of explosion which may be little mental problems.” ② As to the character of the defendant in the prior investigation report on the defendant’s claim against the defendant, the defendant has difficulty in appraisal, e.g., sexual intercourse and high impulse. In particular, in relation to other persons, the defendant was found to have been unable to commit an attack for a prolonged period of time, and the defendant was punished with a strong tendency to commit an attack, e.g., sexually violent act, and sexually violent act, and has no mental influence or influence it.”

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