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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The Defendant and the person who requested an attachment order (hereinafter “Defendant”) had the weak ability to discern things or make decisions due to excessive drinking at the time of committing murder.
B. The sentence imposed by the lower court (seven years of imprisonment) is too unreasonable.
C. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device.
2. Determination
A. According to the evidence duly admitted and investigated by the court below on the claim of mental and physical disability, the defendant is deemed to have been under the influence of alcohol at the time of committing the crime of this case. However, considering the following circumstances: the method and content of the crime of this case, the circumstance before and after the crime of this case, as well as the circumstance of the crime of this case, the method and means of the crime of this case, and the defendant's act before and after the crime of murder, etc., the defendant cannot be deemed to have in a state of lacking the ability to discern things or make decisions due to drinking at the time of committing the crime of attempted murder. The judgment of the court below rejecting the defendant's claim of mental and physical disability is just, and this part of the defendant's allegation of unfair sentencing is without merit.
When the defendant, while under the influence of alcohol, kid the victim kids the victim kid by a gift of the victim, he seems to have committed a crime of attempted murder in a sudden fashion and as a result, it seems that he committed a crime of murder.
In the police investigation, the victim expressed his intention that he does not want the punishment unless the defendant communicates with him.
The defendant's health is not good due to high blood pressure, etc. in the heart.
However, the crime of this case is committed on the ground that the defendant was dead, and the victim was dead, and thus, the police.