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The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for eight years.
seizure.
Reasons
1. Summary of grounds for appeal;
A. The grounds for appeal filed by the Defendant and the person who requested the attachment order to the extent that it supplements the grounds for appeal are not timely filed on May 23, 2018 and August 24, 2018.
The punishment sentenced by the court below (10 years of imprisonment, etc.) is too unreasonable.
B. Prosecutor 1) The sentence imposed by the lower court on the Defendant case (unfair sentencing) is too uneasible and unfair.
2) In light of the background leading up to the instant crime, the attitude of the Defendant and the person who requested the attachment order (hereinafter “Defendant”) before and after the instant crime, and the relationship between the Defendant and the victim, etc., the risk of recidivism exists, and thus, it is necessary to attach an electronic tracking device to the Defendant and to impose matters to be observed.
Nevertheless, the lower court dismissed the Defendant’s request for the attachment order of this case. The lower court erred by misapprehending the Defendant’s risk of recidivism, thereby adversely affecting the conclusion of the judgment.
2. Determination
A. The Defendant tried to kill the victim by knife a knife with a knife with a knife with the victim who was a knife of the university and the prosecutor’s decision on the unfair argument of sentencing with respect to the Defendant case.
In particular, the Defendant purchased knife and excessive knife eight days prior to the commission of the crime and attempted to kill the victim three days prior to the commission of the crime, but did not reach the commission of the crime. The Defendant committed the crime of this case in a planned manner using the commission of the crime that was prepared in advance after the victim, etc., and the Defendant stated to the effect that “the crime of this case does not constitute planned murder.”
In this regard, the sentencing guidelines for murder crimes include “pre-preparation and possession of tools to commit crimes,” “inviting the victim,” which is a special aggravation factor.