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(영문) 서울고등법원 2019.06.27 2019노1083
살인미수등
Text

Defendant

In addition, both the applicant for medical treatment and custody and the respondent for attachment order and the prosecutor for probation order.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant and the requester for a medical treatment and custody and the requester for an attachment order and a person requesting a probation order (hereinafter “defendant”) committed a mistake of facts against the victims, the defendant's act was not likely to harm the victim F or injure the victims, and there was no intention to do so.

B) The sentence of imprisonment with labor (one hundred years, confiscation) imposed by the lower court on the Defendant is too unreasonable and unfair. 2) The part of the medical treatment and custody claim is not only a man who is not a man with mental illness, but also a person with mental disability who committed the instant crime under the lack of the ability to discern things or make decisions, as stated in the lower judgment.

Therefore, the Defendant cannot be viewed as the subject of medical treatment and custody.

3) The part of the case claiming an attachment order cannot be deemed as the person who committed the crime of murder because the Defendant did not have the intent to commit the crime of murder, and even if the crime of attempted murder is acknowledged, the Defendant is not subject to an attachment order since there is no risk of recommitting the crime of murder. B. misunderstanding of facts against the Defendant, the Defendant prepared the instant provisional order, which is a deadly weapon that may cause harm to his life in his residence, at the same time. From the back of the victim G, the Defendant escaped without taking any measures to rescue the said victim even after the price near the left part of the said victim’s play.

In addition, the crime against the above victim was immediately and continuously committed the crime of murder committed against the victim F. The defendant cannot be deemed to have renounced the murder with respect to the victim G after committing the crime of murder committed against the victim F.

Considering these circumstances, it should be deemed that the intent of murder is recognized even for the victim G.

Nevertheless, the court below's judgment against the victim G.

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