(영문) 서울고등법원 2017.09.13 2017노1770 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2017.09.13 2017노1770

살인미수등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below ordering the attachment of an electronic tracking device for a period of ten years, even though the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”) and the person to whom the attachment order was requested (hereinafter “the defendant”) are not likely to repeat murder again, is unreasonable.

B. The prosecutor (unlawful in sentencing) of the lower court’s sentence (one year and six months of imprisonment) is deemed to be too unhued and unfair.

2. Determination

A. The lower court determined that, in full view of the following circumstances, the risk of recidivism of the murdering crime was recognized by the Defendant regarding the wrongful assertion regarding the Defendant’s attachment order.

① The Defendant, even around July 2008, has shown that he was in a state where he lacks the ability to discern things or make decisions due to his own illness, and that he was in a state where he was unable to discern things or make decisions.

There is a record of being sentenced to three years and six months by knife, knife and knife to other persons who intend to save the victim. On January 22, 2009, the Seoul High Court has attempted to murder, etc.

② While the Defendant was under medical treatment after release, the Defendant continued to repeat the crime of killing the victim of this case in knife with the knife with the victim’s knife.

③ As such, the Defendant is highly likely to repeat murder at any time, and there is little foundation to prevent recidivism due to the lack of social ties and lack of help from his/her family members.

④ According to the result of the application of the KSAS-G to the Defendant’s Korean-style adult recidivism risk assessment scheme (KSAS-G), the risk of recidivism was assessed at the level of “high level” (the total point of 13).

If the court below examines evidence duly adopted and examined by comparison with the records of this case, the court below's determination that the above defendant's risk of committing murder is justified.

This part of the defendant's assertion is without merit.

B. Korean Criminal Litigation Act takes effect to determine the prosecutor's improper assertion of sentencing.

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