(영문) 대전고등법원 2014.04.25 2014노88 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전고등법원 2014.04.25 2014노88

살인미수등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (a three-year imprisonment, medical treatment and custody, and an order to attach an electronic tracking device for five-year period) on the gist of the grounds of appeal is deemed too uncomfortable.

2. Determination on the grounds for appeal

A. The instant crime committed on the part of the Defendant case is reasonable in light of the following: (a) the Defendant and the person subject to medical treatment and custody and the person subject to a request to attach an attachment order (hereinafter referred to as the “Defendant”) are trying to kill the victim by sealing the victim’s name, etc. without any relation on the ground that the Defendant and the person subject to the request to attach an attachment order (hereinafter referred to as “the Defendant”) enter a knife with a deadly weapon; (b) the victim resisted and attempted to commit the instant crime; (c) the case is very serious and dangerous; and (d) the victim

However, in full view of the following circumstances: (a) the Defendant committed the crime of this case in a state of mental disorder caused by comparatory illness; (b) the Defendant committed the crime of this case; (c) the Defendant led to the confession of his own crime; (d) the Defendant’s leakage or the Defendant paid a significant amount of damage to public goods; (c) deposited 4 million won for the victim of the crime of attempted murder; (d) the Defendant did not have any means of criminal punishment; and (e) the Defendant’s age, character and conduct, intelligence and environment; (d) motive, means and consequence of the crime; and (e) other circumstances constituting the conditions for sentencing, such as the circumstances after the crime, etc., the sentencing of the lower court, within the recommended range of sentencing guidelines

(b) When a partial prosecutor of a medical treatment and custody case has filed an appeal against a prosecuted case, it shall be deemed that an appeal has been filed against a medical treatment and custody case pursuant to Article 14(2) of the Medical Treatment and Custody Act, but the prosecutor’s grounds for appeal or appeal

C. To the extent that the prosecutor filed an appeal against the accused case, the probation against the specific offender and the probation against the specific criminal.

참조조문

-치료감호 등에 관한 법률 제14조 제2항

유사 판례

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