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(영문) 부산고등법원 2018.08.09 2018노342

살인미수등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was physically and mentally deprived or physically weak at the time of committing the instant crime.

B. The sentence sentenced by the lower court to the Defendant (seven years of imprisonment) is too unreasonable.

2. The Defendant alleged the same purport in the lower court’s determination as to the assertion of mental disorder, and the lower court, comprehensively taking account of various circumstances acknowledged by the evidence duly admitted and investigated, deemed that the Defendant was aware of drinking to a certain extent at the time of each of the instant crimes, but was in a state that the Defendant did not have the ability to discern things or make decisions.

of this section.

The decision was determined.

Although the Defendant was unable to properly memory the situation at the time of committing the instant crime, this is merely a symptoms of so-called “boomout” of the so-called “backout,” a witness who has lost his temporary memory which was unable to memory later due to the influence of drinking, when the Defendant was aware of, and was in a state of mental or physical loss or mental weakness.

In addition to the fact that it is difficult to see, the above judgment of the court below is justifiable, and this part of the defendant's assertion is without merit.

3. The lower court held that the crime of this case was committed on July 21, 201, after being sentenced to imprisonment with prison labor for not less than six years and having been released from prison and having been released from prison for the purpose of committing murder, resulting in serious danger for the victim to lose his life, in light of the motive of the crime, method of attack, degree of injury and degree of injury, etc., and the remaining crimes in the holding are also not less complicated in light of the background of the crime, method of the crime, frequency of the crime, degree of damage, etc. In particular, the Defendant again committed each of the crimes of this case during the period of repeated crime after being sentenced to imprisonment with prison labor for not less than six years, and was released from prison and had not been recovered, and the victim’s family members want to be punished by the Defendant.