Text
The judgment below
The part of the defendant's case shall be reversed.
A defendant shall be punished by imprisonment for three years.
Plastic. seized plastic.
Reasons
1. Summary of grounds for appeal;
A. The sentence imposed on the defendant and the requester for medical treatment and custody and the requester for attachment order (hereinafter “defendant”) (hereinafter “defendants”) is too unreasonable.
B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for ten years and medical treatment and custody, even though the Defendant does not need medical treatment at the medical treatment and custody facility and there is no risk of recidivism.
2. Determination
A. The crime of homicide committed with partial murder of the Defendant case was committed, and the result of murder was not realized.
Even if the illegality is very serious even in itself.
The Defendant attempted to kill a neighboring victim by cruel means of shesheling gasoline and attaching it. The crime of this case appears to have occurred due to the crime of this case, which led to the occurrence of extreme fear of the victim, and the mental legacy seems to be reasonable.
However, the defendant is a patient suffering from symptoms, such as summons, damage net circumstances, steering circumstances, and over-the-spot symptoms, and committed the crime of this case under the condition that the defendant lacks the ability to discern things and make decisions due to the symptoms of the aforementioned current illness; the defendant committed the crime of this case; the victim was not physically injured; the victim was not physically injured; the victim was divided into the victim; the victim paid 30 million won and agreed to pay the victim; the victim was faced with the defendant's wife's wife; and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Committee, including the defendant's age, character and behavior, home environment, motive, means and consequence of the crime; and the victim was taking full account of the following factors: the defendant's age, character and behavior, family environment, motive and consequence of the crime; and the extent of the recommended sentence according to the sentencing guidelines of the Sentencing Committee, the defendant has ability to discern things or make decisions due to symptoms at the time when he prepared the crime as well