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(영문) 서울고등법원 2016.03.31 2016노184

살인등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental and physical loss or mental weakness by drinking alcohol.

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

2. Determination

A. The defendant's assertion of mental disorder is without merit according to the following circumstances acknowledged by evidence duly adopted and examined by the court below.

1) The Defendant was under investigation by the prosecution and was in the state of drinking at the time.

As to the prosecutor’s question “cather,” the prosecutor’s question;

He dice at a low level of flusium breath of alcohol at a glusium; and

“The prosecutor took place at the time of committing the crime” again; and

“Atourology,” “Atourology,”

He did not take any action.

It was originally done, but it was not possible to do so on the wind, at that point, at that point.

“The statement was made”.

2) The Defendant, after claiming the victim, purchased a knife for multi-purpose knife from the main point of view and to the nearby Schlage, and again came into knife with a knife that knife the victim’s knife with the left hand, and knife the victim’s left chest.

3) In full view of the aforementioned Defendant’s statement and the means and method of the instant crime, the Defendant’s statement in detail at an investigative agency to accurately memory the situation before and after the instant crime, the background leading to the instant crime, the Defendant’s behavior at the time of the instant crime, and the circumstances after the instant crime, etc., the Defendant had no or weak ability to discern things or make decisions due to drinking at the time of the instant crime

It does not appear.

B. The crime of this case’s wrongful assertion of sentencing was committed after the Defendant purchased a knife outside the body of the victim and then murdered the victim with a knife, which is the most valuable value.

The defendant is a person who has suffered damage by misunderstanding.