(영문) 부산고등법원 2016.05.04 2016노124 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 부산고등법원 2016.05.04 2016노124

강도살인등

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 who requested the attachment order (hereinafter “Defendant”) were physically and mentally weak Defendant and the person who requested the attachment order (hereinafter “Defendant”) were in a state of lacking the ability to discern things or make decisions due to the disability and drug abuse at the time of committing each crime set forth in paragraphs 2 through 5 of the judgment below.

2) The sentence of the lower court’s unfair sentencing (40 years of imprisonment, etc.) is too unreasonable.

3) There are special circumstances in which disclosure of personal information of the accused should not be notified to the public because it is not recognized that the accused’s improper disclosure order is likely to repeat a crime.

4) The lower court’s issuance of an order to attach an electronic tracking device to the Defendant for a location of 20 years, although the Defendant did not pose a risk of recidivism.

B. The sentence imposed by the Prosecutor is too unhued and unreasonable.

2. Determination on the part of the case of the defendant

A. As to the Defendant’s assertion of mental and physical weakness, the lower court determined that according to the evidence duly admitted and investigated, the Defendant did not seem to have reached a state in which the Defendant did not have the ability to discern things or make decisions, in view of various circumstances, such as the background of the crime, method of the crime, and the Defendant’s act before and after the crime, despite the fact that the Defendant received a mental and medical treatment with influence at the time of the crime.

Examining the judgment of the court below in comparison with the records, the judgment of the court below is just and acceptable, and there were any errors as alleged by the defendant.

shall not be deemed to exist.

Therefore, we cannot accept the defendant's above assertion.

B. As to the wrongful argument of sentencing by the Defendant and the Prosecutor, the Defendant planned in advance to kill the victim in committing the robbery of this case.

It does not seem, and the crime of special rape in this case is committed in the attempted crime.

유사 판례

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