(영문) 부산고등법원 2016.06.09 2016노204 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2016.06.09 2016노204

살인미수등

Text

Defendant

In addition, all appeals filed by the person requested to attach an attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the requester for an attachment order (hereinafter “Defendant”) were in a state of mental disorder at the time of committing the instant crime.

2) The sentence imposed by the lower court on the Defendant (three years of imprisonment) is too unreasonable.

3) Although the risk of recidivism by the Defendant is not significant, it is unreasonable for the lower court to order the attachment of an electronic tracking device for 10 years.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. We examine the argument about mental disorder. In full view of the following: (a) the process and content of the instant crime, the means and method of the instant crime, the Defendant’s act before and after the instant crime; and (b) the statement made by the Defendant and the victim to the investigative agency; and (c) the Defendant had no or weak ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's above assertion is without merit.

B. We examine the judgment on the unfair argument of sentencing, and various circumstances favorable to the defendant, which were shown in the proceedings of the court below and the trial court at the court below (the defendant was committed in this case, and his mistake is divided.

A statement is made, and the crime of this case committed by the defendant is committed by an agreement with the victim during the trial of the court below and several unfavorable circumstances [the crime of this case committed by the defendant is committed by the defendant two times due to the loss, which is a dangerous object as stated in the judgment of the court below, and the crime of this case is serious in light of the course of the crime, contents, means and methods, result, degree of damage suffered by the victim, etc., and the victim suffered serious injury as stated in the judgment of the court below, and the mental impulses thereby result.

유사 판례

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