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(영문) 부산고등법원 (창원) 2020.04.08 2019노272
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

The excessive one (No. 1) seized shall be confiscated.

Reasons

Summary of Grounds for Appeal

Defendant

An applicant for medical treatment and custody (hereinafter referred to as the "defendant") who is sentenced by the court below to the defendant is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

An ex officio judgment prosecutor filed an application for changes in the indictment with the purport that the Defendant committed the instant crime in a state of mental and physical disability, as stated below [the reasons for the judgment in multiple times], and the judgment below was no longer maintained as the case was changed by this court's permission.

The judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant and the prosecutor's assertion of unfair sentencing, and the judgment of the court below is also reversed, and the case for medical treatment and custody in the trial is consolidated and decided as follows.

[Grounds for the judgment of multiple times] Criminal facts were written by a social welfare foundation B (Cyangwon) with the same room as the victim D (manam, 69 years of age), and it brought a complaint to the victim due to the difference in the usual living habits and cleaning the room. On July 2, 2019, the Defendant was aware that the victim was discharged from the above B, and was willing to kill the victim before that.

At the time, the defendant had weak ability to discern things or make decisions due to the chronic disorder of longitude.

On July 2, 2019, at around 08:35, the Defendant discovered that the victim would be able to take a book in the same way as that of the flat, and that the Defendant purchased and kept in the room in advance, with the transition (20 cm in total length, 10 cm in blade) that is a deadly weapon (10 cm in total length) that is a deadly weapon that was held in the room, and the victim came to a high field away from the above building B, and then the victim turned out the above transition from the back of the victim, so that the number of the victim’s back to the end is set up one time, and the lower part is set up as a reed field.

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