(영문) 서울고등법원 2015.02.05 2014노3814 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2015.02.05 2014노3814

살인미수등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant case and the person against whom the attachment order was requested (hereinafter “Defendant”) had a weak ability to either distinguish or make decisions on the subject matter of drinking, which is larger than that of ordinary liquor at the time of the instant crime.

B. It is unreasonable for the court below to order the attachment of an electronic tracking device, although the defendant in the attachment order case does not pose a risk of recommitting murder.

2. Determination

A. According to the evidence duly adopted and examined by the lower court, the Defendant’s drinking at the time of committing the instant crime is recognized.

However, at the time of committing the instant crime, the Defendant memorys specific parts of the situation.

At the time, E and the victim, who drank together with the Defendant, stated in the police investigation that four alcohol alcohol, including the Defendant, drank three illnesss, and even according to the Defendant’s statement, the Defendant purchased excessive drugs for the instant crime while moving the place of sexual intercourse and singing. It is difficult to view that the Defendant was under the influence of alcohol.

In addition, in light of the background, means and methods of each of the instant crimes, the Defendant’s act before and after the instant crimes, etc., it does not seem that the Defendant had the weak ability to discern things or make decisions under the influence of alcohol at the time of the instant crimes.

Therefore, this part of the defendant's argument is without merit.

B. The lower court, based on the evidence duly admitted and investigated, determined that there was a risk of recommitting the Defendant’s murder crime.

In light of the records, the above judgment of the court below is just and its attachment period is also appropriate.

Therefore, this part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.

참조조문

-형사소송법 제364조

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