Text
Defendant
In addition, the appeal by the requester for the order to observe the protection is dismissed.
Reasons
1. The court below rendered a judgment dismissing the prosecutor’s claim regarding the part of the case against which the defendant was found guilty, and the part of the case for which the order to observe an order to observe an order to attach an electronic device was requested, and the court below appealed as to the part of the case for which the defendant was found guilty and the part of the case for which the order to observe an order to observe an electronic device was requested.
Therefore, the part of the case requesting an attachment order is excluded from the scope of the judgment of this court, notwithstanding Article 9(8) of the Act on the Protection and Observation of Specific Criminal Offenders and the Electronic Devices Attachment, etc. (hereinafter “Electronic Devices Attachment Act”), as there is no benefit in the appeal, and only the part of the case requesting an attachment order and the part of the case requesting an attachment order are included within the scope of the judgment of this court.
2. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below to the defendant and the requester of the order to observe the protective order (hereinafter “defendants”) (five years of imprisonment, confiscation, and protection observation) is too unreasonable.
3. Determination
A. The judgment on the part of the Defendant’s case is favorable to the Defendant, such as the fact that the Defendant recognized and reflecteds his mistake, the fact that the Defendant committed a crime while lacking decision-making capacity due to mental disorder, and the fact that the crime was committed in the course of attempted crimes.
On the other hand, each of the crimes of this case is committed by the Defendant without any particular reason by taking the Defendant’s wife and his/her dependent on his/her attempted murder with a deadly weapon. The crime of this case is not committed in light of the content and method of the crime, the risk of the act, etc.
Due to the defendant's act, the victims seem to have suffered considerable mental shock, and especially the defendant's wife suffered serious injuries and received emergency operations and hospitalized treatment in the middle patient room.
The defendant is now faced with his wife.