beta
(영문) 서울고등법원 2017.01.20 2016노3267

살인

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In violation of the rules of evidence, misunderstanding of the legal principle 1) The Defendant continued to have a wide range of a mental disorder, which led to considerable progress on the island due to excessive alcohol consumption. The Defendant, at least, was in a state of mental and physical weakness at the time of committing the instant crime, since he was in a state of abnormal mental or psychological state (the birth of island evidence) under the victim’s attitude, desire, etc. while talking with the Deceased on the day of the instant crime, while drinking excessive alcohol and talking with the Deceased on the day of the instant crime.

2) After committing the instant crime, the self-denunciation Defendant requested emergency rescue by opening the windows of a ward with a large sound. Since it was urgently arrested after the police officers dispatched after receiving the report from the principal, the Defendant’s above act constitutes a self-denunciation via the third party.

B. In light of the circumstances such as the fact that the instant crime of sentencing was committed in a drunken state, the Defendant’s mistake was divided and reflected, and the Defendant’s health conditions are not good due to high blood pressure, suppression, and irregular beer, etc., the punishment sentenced by the lower court (a 16-year imprisonment) is too unreasonable.

2. Determination:

A. According to the records of mental and physical disorder, even though the Defendant was aware of drinking alcohol at the time of committing the instant crime, the Defendant was in a state that he did not have the ability or decision making ability to discern things at the time of committing the instant crime, or was in a state that he did not have the ability to discern things at the time of committing the instant crime, in full view of the following: (a) the fact that the Defendant did not show symptoms of actual illness, such as islands; (b) the background of the instant crime;

does not appear.

Therefore, the defendant's mental disorder is not accepted.

B. The phrase “self-denunciation” under Article 52(1) of the self-denunciation Criminal Act means that the criminal is responsible for the investigation.