logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.11.12 2015노2372
살인미수등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

" February 25, 2014" among the facts constituting the crime in the judgment of the court below.

Reasons

1. The court below sentenced the defendant and the person subject to the request for the attachment order (hereinafter “defendant”) to the conviction of the accused case and the person subject to the request for the attachment order, ordered the imposition of the location tracking electronic device and the compliance rules, and ordered the prosecutor to dismiss the request for the attachment order.

However, since only the defendant appealed against this, there is no interest in appeal as to the part of the judgment below's case of probation order.

Therefore, notwithstanding Articles 21-8 and 9(8) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, the part of the judgment below's request for probation order is excluded from the scope of the judgment of this court, and only the part of the judgment below's request for defendant's case and attachment order belongs to the scope of the judgment of this

2. Summary of grounds for appeal;

A. Defendant case 1) Around 20 years ago, the Defendant continued to receive diagnosis and treatment due to the nephical depression, social spread, and alcohol abuse, but the symptoms were not shown. At the time of committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability under the influence of alcohol. (ii) The lower court’s punishment (two years of imprisonment, and confiscation) is too unreasonable.

B. It is difficult to readily conclude that the Defendant applied for an attachment order has a considerable probability to recommit the murder crime, and the lower court imposing an attachment order and its compliance.

3. Determination on the part of the defendant's case

A. Although the judgment of the court below also asserted the same contents in the judgment of the court below, the court below rejected the judgment in detail under the title of "the judgment of the defendant and the defense counsel" (Articles 4 and 5 of the judgment of the court below). In light of the evidence duly admitted and investigated by the court below, the judgment of the court below shall be made.

arrow