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(영문) 부산고등법원 2018.04.18 2018노59
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. Defendant and the person requesting an attachment order (hereinafter “Defendant”) were physically and mentally weak Defendant and the person requesting an attachment order (hereinafter “Defendant”) under the influence of alcohol at the time of committing the instant crime.

2) The lower court’s unfair sentencing (five years of imprisonment, confiscation) is too unreasonable.

B. Prosecutor 1) The lower court’s improper sentencing on the Defendant’s case is too uneasible and unfair.

2) The lower court’s dismissal of the Defendant’s request for an attachment order, despite the recognition of the risk of recidivism of murdering crimes, is unreasonable.

2. Determination

A. As to the Defendant’s mental and physical weakness argument, even though it is deemed that the Defendant had drinking alcohol at the time of committing the instant crime, considering the motive, background and content of the instant crime, method of committing the crime, the circumstances before and after the instant crime, etc., the Defendant was in a state that the Defendant had weak ability to discern things or make decisions.

It is difficult to see, and there are no other materials to recognize it.

Defendant’s assertion is without merit.

B. As to the unjust assertion of sentencing by the Defendant and the Prosecutor, the Defendant recognized the instant crime and is against himself, and the degree of injury suffered by the victim of the instant crime is not significant.

However, there are many criminal offenses against the defendant, and they committed the crime of this case during the period of repeated crime.

Although it was attempted, it was attempted.

However, murder crime which violates human life without permission is a serious crime for which reason can not be used.

The crime of this case is highly poor in light of the implements of the crime, method of attack, motive of the crime, etc.

The victim complained of suffering after the crime of this case and tried to punish the defendant.

In addition to these circumstances, the defendant's age, sex, environment, and circumstances after the crime and all the sentencing conditions shown in the arguments and the sentence of the court below can be changed in the trial.

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