(영문) 서울고등법원 2020.04.01 2019노2121 | 리걸엔진

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Reasons

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자간(%)

(영문) 서울고등법원 2020.04.01 2019노2121

살인미수등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one hundred years of imprisonment, confiscation) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. Prosecutor 1) The sentence of the lower court on the grounds that the sentence of unreasonable sentencing is too uneasible and unreasonable. 2) Inasmuch as the Defendant’s misunderstanding of legal principles may pose a risk of recommitting a homicide, issuing an order to attach an electronic device.

2. The following circumstances are favorable to the Defendant: (a) the Defendant recognized the mistake of the Defendant regarding the instant case; (b) the murder and the present structure and the fire-prevention crime were committed against the attempted attempt; and (c) the nominal lender paid the installment to the sofaging company; and (d) the court below paid KRW 33.7 million to the victims of the fraudulent crime.

However, the defendant borrowed another person's name and purchased a loan from a capital company and operated an illegal siren, using it. In the process, the defendant requested the victimJ to lend money to him/her in order to fully repay the damage, but was refused, the defendant tried to kill the victim's knife with knife with knife and knife with knife.

Defendant committed some crimes during the period of repeated crime.

The amount borrowed from the capital company exceeds 1.6 billion won, and the amount acquired by deception from the other party is a large amount of money equal to 100 million won, and it was not received from the victims.

This is disadvantageous to the defendant.

In addition, taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and means of the instant crime, the consequences of the instant crime, and the circumstances after the crime, etc., the Defendant’s punishment against the Defendant cannot be deemed to be too minor or unreasonable.

The defendant and prosecutor's assertion of unreasonable sentencing is without merit.

3. Judgment on the case of a request for attachment order

A. The lower court’s judgment.

유사 판례

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