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(영문) 광주고등법원 2018.11.29 2018노309

살인

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant alleged that he had a knife using a knife to knife the victim. However, in light of the fact that the Defendant was a criminal act in a knife condition, the Defendant was guilty of murder at the time of committing the instant crime.

It is difficult to see it.

However, the lower court found the Defendant guilty of the facts charged.

Therefore, the court below erred by misapprehending the legal principles and affecting the conclusion of the judgment.

2) At the time of the instant crime, the Defendant had the ability to discern things or make decisions by drinking alcohol.

Even so, the lower court determined that the Defendant committed the instant crime in a normal state.

3) The lower court’s punishment (18 years of imprisonment) that was unreasonably alleged in sentencing is too unreasonable.

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

2. Determination

A. The Defendant also asserted that the aforementioned facts were identical to the assertion of mistake, and the lower court rejected the aforementioned assertion by providing a detailed statement on the determination.

In light of the evidence duly admitted and examined by the lower court, the lower court’s determination is justifiable, and the Defendant’s assertion of mistake is without merit.

B. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental and physical weakness, it is recognized that the Defendant was under influence at the time of committing the instant crime, but in light of various circumstances, such as the situation at the time of committing the instant crime, the background leading up to the instant crime, the method of committing the instant crime, and the Defendant’s behavior before and after the instant crime, it is not deemed that the Defendant did not have the ability to discern things or make decisions due to drinking.

Therefore, the defendant's mental and physical weak argument is without merit.

(c)

Judgment on the unfair argument of sentencing is made.