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(영문) 광주고등법원 2014.11.20 2014노349

살인

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

Reasons

1. Summary of grounds for appeal;

A. In the event of the instant crime, the Defendant was unable or weak to discern things or make decisions under the influence of alcohol.

B. The lower court’s sentence of unreasonable sentencing (15 years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by each evidence duly adopted and investigated by the court below and the court below as to the assertion of mental or physical weakness, i.e., ① the defendant has made a statement to a certain extent of his or her ability to distinguish things or make decisions under the influence of the crime of this case in light of the following circumstances: (i) he or she has made a statement to a certain extent as to the circumstances of drinking and the developments leading up to a dispute with the victim; and (ii) He or she has taken drinking together with the defendant and the victim on the day of the crime of this case before the court below: (i) he or she has made a statement to the court below that “I would drink drinking at low, the defendant and the victim without drinking, but there was a lot of talks with each other; and (iii) the defendant first kills the victim at the community hall at the place where the crime of this case was committed; and (iv) the defendant first sawd the defendant's house with about 3 km away from his or her ability to make decisions under the influence of alcohol at the time of this case.

did not appear to have existed in or weak condition.

Therefore, this part of the defendant's argument is without merit.

B. In regard to the assertion on unreasonable sentencing, a false person’s life is the most severe crime that may not be used for any reason as a source of existence, and thus, it is natural to punish such an act strictly.

In the instant case, the Defendant committed the most serious crime by killing the front body of the face through a tree dog on the ground that the Defendant would drink with the victim who was familiarly with the victim and take the horse, and the Defendant would also be able to criticize the most serious crime by cruel methods.

(b).