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(영문) 광주고등법원 (제주) 2014.08.20 2014노48
살인미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) did not intend to kill the victim at the time of the crime of fire prevention of this case, and there was no intention to kill the victim at the time of the crime of fire prevention of this case. The crime of this case was committed under the state of mental and physical disability. 2) The crime of this case was committed under the state of mental and physical disability.

3) The lower court’s sentence of unreasonable sentencing (one-year imprisonment, one-year forfeiture of seized evidence 1) is too unreasonable. B. Prosecutor 1) the lower court’s sentence on the Defendant case is too uneasible and unreasonable.

2 In light of the risk of recidivism in part of the case where the attachment order is requested, it is improper for the court below to dismiss the defendant's request for attachment order.

2. Determination

A. The lower court also asserted the same purport as the grounds for appeal, and the lower court rejected the aforementioned assertion in detail under the title “determination on the Defendant and the defense counsel’s assertion”.

Examining the judgment of the court below in a thorough comparison with the records, it is sufficiently justified, and the judgment of the court below does not contain any error of mistake of facts or misapprehension of legal principles as alleged by the defendant.

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

B. According to the evidence duly admitted and examined by the court below, it is recognized that the defendant was in a drunken state at the time of the crime of this case, but in light of various circumstances, such as the background, means, methods, and the defendant's behavior before and after the crime of this case, it is not determined that the defendant had weak ability to discern things or make decisions due to drinking at the time of the crime of this case.

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

C. The Defendant’s crime of this case on the assertion of unfair sentencing by the Defendant and the prosecutor.

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