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(영문) 서울고등법원 2017.01.20 2016노3054
살인미수등
Text

All appeals filed by a prosecutor and the defendant and the person who requested an attachment order shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor: Sentencing improper sentencing; the sentence (seven years of imprisonment) imposed by the lower court on the Defendant and the person who requested the attachment order (hereinafter “Defendant”) is too uneased and unreasonable.

B. Defendant 1) As to the Defendant’s instant case, the lower court committed an unlawful act that misleads the Defendant, even though the Defendant was suffering from alcohol dependence at the time of committing the instant murder, and was in a state of mental and physical weakness under the influence of alcohol.

Sentencing : The sentence imposed by the court below on the defendant (the attachment of an electronic tracking device between 7 years and 10 years) is too unreasonable.

2) As to the Defendant’s request for attachment order, it is unreasonable for the lower court to issue an order to attach an electronic device to the Defendant, since the Defendant’s active treatment of alcohol dependence and the location tracking device cannot prevent the Defendant from drinking or repeating a crime.

2. Determination on the defendant's case

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence, namely, the victim D’s police, “The Defendant had drinking as the victim’s house, and again had the remainder as the Defendant’s house, followed the Defendant’s house, thereby drinking again.

The defendant and the victim of this case have a lot of drinking time because they dysule with drinking at night while being a new day.

The statement "," and in the defendant Indian investigative agency, "the above victim and the two dices alcohol as they attend together with the preceding day of the case."

According to the fact that “the Defendant stated”, it is recognized that the Defendant had drinking a considerable amount of alcohol at the time of committing the instant crime.

However, in light of the Defendant’s usual drinking volume, the amount and hours of drinking before and after the commission of the instant crime, the Defendant’s act before and after the commission of the crime, and the circumstances after the commission of the crime, etc., at the time of the attempted murder of this case.

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