살인등
The judgment below
The part of the case of the defendant is reversed.
A defendant shall be punished by imprisonment for thirty-five years.
A seized stacker.
1. On January 22, 2018, the Defendant’s defense counsel, on the gist of the grounds of appeal, submitted a statement of reasons for appeal on the sole basis of mental disorder and unfair sentencing, and on January 31, 2018, the Defendant asserted that “Around January 31, 2018, the Defendant argued to the effect that “I cannot properly associate with the victim’s cell phone music music at the time of committing the instant crime, but I cannot hear the victim’s cell phone music at the time of committing the instant crime, and I cannot commit the instant crime.”
The aforementioned assertion of mistake is not a legitimate ground for appeal since it was made after the lapse of the period for filing the appeal, and even if ex officio examination is conducted, according to the evidence duly adopted and examined by the court below, it can be sufficiently recognized that the defendant attempted to kill the victim Eul, and that the defendant murdered the victim E, as it is well as attempted to kill the victim's ropes. Thus, the above assertion by the defendant is without merit.
A. At the time of committing the instant crime, the Defendant and the person who requested an attachment order (hereinafter “Defendant”) had mental and physical loss or mental weakness due to mental illness, such as alcohol use disorder, anti-social character disorder, and drinking.
B. The sentence (a life imprisonment, etc.) sentenced by the lower court is too unreasonable.
2. Determination on the part of the case of the defendant
A. As to the assertion of mental disorder, the Defendant asserted the same purport in the lower court, and the lower court appears to have reached the situation where the Defendant, at the time of the instant crime, had a mental disorder such as light alcohol disorder at the time of committing the crime, and had a certain degree of drinking alcohol, but such mental disorder, etc. generally appeared to have reached the situation where the Defendant, beyond the psychological state, such as a dynamic and aggressive behavior, unstable emotional condition, failure in labor union, etc., that may occur to the persons who committed murder, has a weak ability to discern things or make decisions.