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(영문) 부산고등법원 2020.04.08 2019노574
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rejected the prosecutor’s request for an attachment order on the ground that it is difficult to readily conclude that the Defendant is highly likely to recommit a murder crime, on the grounds that the lower court found the Defendant guilty of charges charged in the Defendant case and sentenced the Defendant to a four-year sentence, etc.

Since only the Defendant appealed against the lower judgment, the part of the lower judgment regarding the claim for attachment order does not have any interest in appeal.

Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders is excluded from the scope of trial of this court, and thus, the scope of trial of this court is limited to the part of the accused case except for the part of the claim for attachment order among the judgment below.

2. Summary of the grounds for appeal;

A. The Defendant of mistake of facts merely caused an injury while harming the victim by assaulting the victim by shotly assaulting the victim, and did not have any intention to kill the victim.

Nevertheless, the lower court rejected the Defendant’s above assertion and found the Defendant guilty of the facts charged. In so doing, the lower court erred by misapprehending the fact and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one year of imprisonment, etc.) is too unreasonable.

3. Determination

A. The Defendant had the same assertion as the grounds for appeal in this part of the judgment below, and the court below rejected the above assertion in its judgment on the ground that the judgment of the court below is erroneous.

In light of the records and thorough comparison of the circumstances described in the original judgment, such as the background and motive of the crime duly admitted and investigated evidence, surrounding circumstances, the criminal tool, the degree of injury inflicted on the victim, etc., the lower court’s judgment is reasonable and reasonable.

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