(영문) 대전고등법원 2020.02.12 2019노490



All appeals filed by the defendant and prosecutor are dismissed.


1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, at the time of committing the instant crime, was under the influence of alcohol, so as to have weak the ability to discern things or make decisions. (2) The lower court’s sentence of unreasonable sentencing (12 years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the records of this case as to the claim of mental disability, it is recognized that the defendant has drank alcohol to a certain extent before the crime of this case.

However, based on the evidence duly adopted and examined by the court below, the following circumstances are acknowledged: (a) the defendant was in a situation where the victim and his wife were not given an appraisal, i.e., the victim’s wife was in a bad condition; (b) the defendant appears to have taken a knife and taken the knife at the fishing market, which was kept in his custody, to commit the crime; (c) the defendant committed the crime of this case by cutting the knife in a bera for the crime; (d) the defendant followed the victim immediately after committing the crime; and (e) tried to conceal and escape from the scene; (d) the defendant stated in replacement of the motive, process, method and method of the crime of this case; and (e) the defendant’s act before and after the arrest, the defendant did not appear to have any ability to change things or ability to make decisions due to the above circumstances at the time of committing the crime.

This part of the defendant's assertion is not accepted.

B. We also examine the Defendant and the prosecutor’s argument on the argument of unfair sentencing.

The court below, most of all, suspects that murder is a serious criminal who takes the life of a deceased person, and that the defendant is not guilty of an inhumanity relationship between the defendant's wife and the victim without sufficient grounds.

The knife of the victim.