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Defendant
In addition, the appeal by the requester for the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Although the Defendant case and the requester for an attachment order (hereinafter “Defendant”) committed the instant crime under the condition that they had the ability to discern things or make decisions due to shock disorder at the time of the instant crime, etc., the lower court did not recognize mental and physical disability.
B. Despite the Defendant’s absence of the risk of repeating robbery, the lower court sentenced the Defendant to 10 years of an attachment order.
2. According to the evidence duly adopted and examined by the court below and the pre-adjudication of the judgment, it is acknowledged that the defendant lacks behavioral control power and has a dynamic tendency, but considering the overall circumstances before and after each of the crimes in this case, including the threat of victims by the high-speed knife that the defendant prepared in advance at the time of the crimes in this case and the fact that he took money and valuables from the victims, it is difficult to view that the defendant had the ability to distinguish things or make decisions at the time of each of the crimes in this case, and therefore, the defendant's claim for
3. Judgment on the part of the claim for attachment order
A. The summary of the facts constituting the cause for requesting an attachment order is that the Defendant committed robbery on four occasions, such as the facts constituting the crime and the cause of the attachment order as indicated in the judgment of the court below. In full view of the motive, method and circumstances of the crime, etc., the Defendant is likely to again commit robbery.
B. (1) The lower court determined that the Defendant was likely to recommit robbery due to the following circumstances, which are acknowledged by the evidence duly examined and duly adopted and the written request for attachment order and the investigation prior to the request for attachment order.
① The Defendant was sentenced to a punishment due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and did not commit robbery for six months after the completion of its execution.
② The instant case.