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(영문) 광주고등법원 2014.12.11 2014노351

살인

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (15 years of imprisonment) is too unreasonable.

2. Determination

A. As to the claim of mental disability, the defendant also asserted the same as the grounds for appeal in this part, and the court below rejected the above claim under the title "as to the defendant's and his defense counsel's argument" in the judgment of the court below, and it is just to accept the judgment of the court below by comparing the above judgment of the court below with the evidence duly adopted and examined.

Therefore, this part of the defendant's argument is without merit.

B. As to the assertion on unfair sentencing, the following are the circumstances favorable to the Defendant: (a) the Defendant led to the confession and reflect of the instant crime; (b) the Defendant’s hearing of a severe desire from the victim under the influence of alcohol and scambling the said crime; and (c) the Defendant has no record of criminal punishment for about nine (9) years from entry into the Republic of Korea in 2005.

However, the Defendant committed the instant crime, knife knife knife knife knife knife knife knife knife knife knife knife knife knif

It is clear that the victim, who is a foreign worker who is only 31 years of age, has suffered serious mental fear and physical suffering until the last moment of his life.

In addition, the defendant tried to flee with his/her own passport brought about by him/her and requested by him/her immediately after the crime was committed by him/her, and the circumstances after the crime are not good and the victim's bereaved family has not been used in order to comply with the judgment of the court.

The above reasons for sentencing and the age of the defendant.