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(영문) 서울고등법원 2015.02.06 2014노3713

살인등

Text

The defendant's appeal is dismissed.

Reasons

1. The court below found the Defendant guilty on the part of the case, and dismissed the prosecutor’s request regarding the part of the attachment order case. Since only the Defendant appealed on the part of the judgment below regarding the Defendant’s case, Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders, a legal fiction of appeal, is not applicable.

(see, e.g., Supreme Court Decision 82Do2476, Dec. 14, 1982). Therefore, the part regarding an attachment order shall be excluded from the scope of the trial of this Court.

2. The summary of the grounds for appeal ① The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability, and ② the sentence sentenced by the lower court to the Defendant (15 years of imprisonment) is too unreasonable.

3. Determination

A. According to the record as to the claim of mental disability, even though the defendant was in a state of drinking alcohol at the time of the crime of this case, in light of the motive and background of the crime of this case, the means and method of the crime of this case, and the circumstances after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime of this case, and therefore, this part of the defendant'

B. As to the assertion of unfair sentencing, the Defendant has led to the confession of and divided into the crime, and the crime of this case is in a concurrent relationship between the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., which became final and conclusive and the latter part of Article 37 of the Criminal Act, taking account of equity with the case where the said crime was adjudicated simultaneously, and the Defendant appears to have taken account of the fact that he was sentenced to a reduction of liability for the crime for about eight years until he is arrested after the crime, and that he was deemed to have carried on the mental brain

However, the crime of this case was committed by the defendant.