beta
(영문) 대전고등법원 (청주) 2016.12.15 2016노151

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 (12 years of imprisonment) is too unreasonable.

2. Determination:

A. According to the records on the determination of the claim of mental disability, although the defendant appears to have served in the state of drinking at the time of the crime of this case, in light of the following: (a) the defendant made a detailed statement at the investigative agency about the circumstance where the victim raised an objection with the victim; (b) the place where the knife was in dispute with the victim; and (c) the details of the victim's statement at the investigative agency of the victim's her own witness of this case, it does not seem that the defendant at the time of the crime of this case had a weak state of ability to discern things

B. The instant crime of this case on the assertion of unfair sentencing is due to the fact that the victim's chest, left-hand clothes, chip and other parts of the victim knife caused the death of each knife on the ground that the knife victim criticizes himself, and the nature of the crime is very poor, and the victim's bereaved family members appear to have suffered considerable mental impulse and pain, and the victim's bereaved family members did not reach an agreement with the victim's bereaved family members, and there is a dispute between the victim and the victim.

In light of the fact that the Defendant appears to have committed the instant crime contingently, and the Defendant has no record of domestic crime, etc. taking into account the favorable circumstances, and comprehensively taking into account the Defendant’s age, character and conduct, environment, health conditions, circumstances, circumstances after the instant crime, etc., the lower court’s punishment cannot be deemed to be unfairly heavy.

3. The defendant's ground of appeal is without merit.