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(영문) 서울고등법원 2015.09.10 2015노1847
살인미수등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Of the matters to be observed in the attached Form 2.

Reasons

1. Summary of grounds for appeal;

A. Defendant case 1) The instant crime is committed in a state of mental disability and mental disability. 2) The lower court’s imprisonment (10 years of imprisonment) is too unreasonable.

B. The lower court’s order to attach an electronic tracking device is unreasonable, even though the Defendant and the respondent for the attachment order (hereinafter “Defendant”) are not likely to repeat murder crimes.

2. Determination

A. According to the evidence duly adopted and examined by the court below as to the claim of mental disability and personality of the defendant, the defendant was aware that he was drinking at the time of the crime of this case. However, the defendant was making a statement about the crime of this case at the time of the crime of this case, and the victim also tried to escape in the direction of Sungnam-si, by getting a taxi at the scene of the crime of this case, and the victim confirmed the fact that he was sent to the emergency room at the Korea University Amam Hospital, and confirmed the fact that he was sent to the emergency room at the above emergency room, and arrested him after being asked for the fact of the crime of this case, the defendant was subject to occasional investigation at the time of the crime of this case, and made a detailed statement about the circumstances, motive, method, etc. of the crime of this case without any difficulty, and distorted the circumstances of the crime of this case by reducing his responsibility and distorted the circumstances of the crime of this case, and the defendant did not have any ability to make a decision on the crime of this case as to the crime of this case.

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