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(영문) 부산고등법원 2016.01.14 2015노676
살인등
Text

Defendant

In addition, both the appeal of the person who filed the treatment custody and the person who filed the attachment order and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the various sentencing conditions in the instant case, the sentence imposed by the court below (the imprisonment of four years and the number of punishment No. 1) in light of the Defendant and the person who filed a request for the custody order and the person subject to the attachment order (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) In light of the various sentencing conditions in the part of the Defendant case, the lower court’s above sentence is too uneasible and unreasonable.

2) The crime of this case on the part of the attachment order was committed by the Defendant on the network that the victim under the mental and physical weakness caused by a mental fission was supposed and supposed, and thus, murdered the victim. In light of the content of the crime and the method of the crime, it is highly likely that such mental fission was caused to repeat the crime, and there is a need to attach an electronic device.

Therefore, the judgment of the court below which dismissed the defendant's request for attachment order, is erroneous in the misapprehension of facts about the risk of recidivism in the attachment order.

2. Determination

A. Examining the various sentencing conditions of this case in the part of the case against the defendant (with regard to the wrongful argument of sentencing by the defendant and the prosecutor), the crime of this case was committed by the defendant knife with knife the victim who is one's knife, and the crime of this case was committed by the defendant, with very heavy criminality and criminality in light of the anti-humanity of the crime, the cruelness of the method of the crime, and the seriousness of the result, and the result of the crime committed by the defendant, and the defendant's parents and other family members, including the defendant's parents, are expected to have a lifeless pain and state.

On the other hand, the defendant seems to have committed the crime of this case by putting himself under the view that he is monitoring and rasinging the victim in a state of mental and physical weakness due to mental fission, and there is a little consideration in the circumstances, and the defendant has reached the trial.

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