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(영문) 서울고등법원 2015.03.12 2014노3626

살인미수등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant did not have the intention to kill the victims, the judgment of the court below which recognized the intention is erroneous by mistake or by misapprehending the legal principles.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

C. The lower court’s sentencing (one year of imprisonment, a fine of 300,000 won) is too unreasonable.

2. Determination

A. The defendant alleged facts or misapprehension of legal principles and the judgment on mental and physical disability also asserted the same contents in the court below. However, the court below rejected the judgment in detail under the title of "the judgment on the defendant and defense counsel's assertion" (Articles 5 and 6 of the judgment of the court below). In light of the evidence duly adopted and investigated by the court below, the judgment of the court below is justified, and this part of the defendant's assertion is without merit

B. In full view of the circumstances mentioned by the lower court in the grounds for sentencing determination on the assertion of unfair sentencing (the lower court’s judgment 6 to 7 pages) and various sentencing conditions indicated in the instant argument, etc., the lower court’s sentence is too unreasonable and is not deemed unreasonable. Therefore, this part of the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.