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(영문) 서울고등법원 2013.09.13 2013노2405

살인미수등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant was under the influence of alcohol at the time of committing the instant crime and was in a state of mental disability.

B. Both parties asserts that, with respect to the punishment imposed by the court below (three years of imprisonment), the defendant is too unlimited and unfair, and the prosecutor argues that the defendant is too uneasible and unfair.

2. 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. Thus, the above assertion by the defendant is without merit

B. As to the assertion on unreasonable sentencing, the following are the circumstances favorable to the Defendant: (a) the Defendant recognized both the crime and reflects on the assertion on unfair sentencing; (b) the degree of injury suffered by the victim is not much weighted; and (c) the Defendant did not reach an agreement with the victim; (b) the conciliation has been reached to pay KRW 50 million between the Defendant and the victim in the lawsuit claiming damages against the Defendant; and (c) the Defendant

However, the crime of this case was committed by the defendant in the course of a divorce lawsuit with his wife C, and the victim was able to get a divorce by preparing for the commission of the crime in advance. The victim was knife with the victim's chests and clothes several times, and the escape knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.