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(영문) 서울고등법원 (춘천) 2013.11.06 2013노164

살인등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of each of the instant crimes, the Defendant had no or weak ability to discern things or make decisions, due to detention.

B. The sentence imposed by the lower court (15 years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, it is recognized that the defendant had drinking alcohol at the time of each of the crimes of this case, but in light of the circumstances such as the background, means, and circumstances after each of the crimes of this case, the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime of this case.

It is difficult to see that it has reached a weak or weak state.

Therefore, the defendant's mental disorder is without merit.

B. Although the Defendant did not have the power to decide on the assertion of unfair sentencing did not have been sentenced to punishment and commits each of the crimes of this case against the wrongness of the Defendant, each of the crimes of this case refers to the Defendant’s head by taking the knife at his own house and by taking the knife as well as the knife of the victim, which is a dangerous object, in addition to murdering the victim, and the nature of the crime occurs, the Defendant did not agree with the bereaved family members of the killed victim or did not endeavor to recover from damage, and the victim did not reach an agreement with the victim of the crime of violence, and all of the sentencing conditions in the argument of this case, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime of violence, etc., are deemed reasonable and it cannot be deemed unfair. Thus, the Defendant’s assertion of unfair sentencing is also without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.