logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2019.03.28 2018노619
살인미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court (e., four years of imprisonment) is too uneased and unreasonable.

2. Determination

A. The Defendant: (a) entered a way along the night; (b) cut the kitchen knick; and (c) followed the victim who was walking the way, the Defendant attempted to murder the part of the Defendant’s case, such as the victim, once.

As such, the Defendant’s act was committed with a knife with a knife in front of the road used by the public without any reason, and was committed by committing the so-called “brue” type of murder behind the victim of the knife site. The nature and circumstances of the crime are very heavy.

The victim is also punished for the defendant.

However, the Defendant did not have any history of criminal punishment before committing the instant crime, and recognized his/her mistake and is against the law.

The Defendant went to commit the instant crime under the lack of the ability to discern things or make decisions due to mental illness. The risk of the instant crime and some of the interview and interview seems to arise from the foregoing mental illness.

The crime was committed in the course of attempted crimes.

The family and the branch of the defendant committed the treatment and assistance to the defendant, and the defendant wants to take the action.

In addition, considering the various circumstances shown in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, intelligence, environment, family relationship, circumstances after the crime, etc., and the scope of recommended sentences according to the sentencing guidelines, the sentence imposed by the court below cannot be deemed unfair because it is too uneasible.

B. The prosecutor filed an appeal regarding the part regarding the claim for attachment order, stating that the scope of the appeal is “total” in the petition of appeal.

However, there is no legitimate reason for appeal concerning the petition of appeal or the statement of reasons for appeal submitted by the prosecutor, and even if the judgment of the court below is examined, it shall be reversed ex officio.

arrow