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(영문) 대구고등법원 2013.05.23 2013노152

살인미수등

Text

The judgment below

The part of the defendant's case shall be reversed.

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

excessive seizure.

Reasons

1. Part of the defendant's case

A. The summary of the grounds for appeal (1) The Defendant and the requester for medical treatment and custody and the requester for an attachment order (hereinafter “Defendant”) (A) are in a state that the Defendant was unable to discern things or make decisions due to disease, such as physical disorder caused by alcohol addiction at the time of committing the instant crime, and thus, the lower court did not recognize it, thereby adversely affecting the conclusion of the judgment by misapprehending the legal doctrine as to the defect.

(B) The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

(2) The Prosecutor’s sentence is too uneasible and unreasonable.

B. (1) Comprehensively taking account of the evidence duly adopted and examined by the lower court regarding the assertion of defectiveness, the fact that the Defendant was in a state of having the ability to discern things or make decisions due to diseases such as the climatic disorder caused by alcohol poisoning at the time of the instant crime is recognized.

However, in full view of the circumstances such as the background leading up to the instant crime, the means and method of the instant crime, the criminal conduct of the Defendant before and after the instant crime, and the circumstances after the instant crime, it is determined that the Defendant was not in a state of absence of ability to discern things or make decisions due to diseases such as alcohol addiction, etc.

Therefore, we cannot accept this part of the defendant's ground of appeal.

(B) The Defendant has been sentenced to a suspended sentence of imprisonment and a fine and a violation of the Road Traffic Act on several occasions due to the violation of the Punishment of Violences, etc. Act.

The defendant uses excessive parts of the victim's body to kill the victim, two times, and three times, one part of the victim's body, and three times.