[존속상해치사][공1985.8.15.(758),1093]
Whether a statement to the effect that a person was drunk at the time of crime can be viewed as a claim that he was in a state of mental or physical disability (negative)
A statement to the effect that a person was under the influence of alcohol at the time of the crime cannot be seen as being alleged by a person with mental disability.
Article 323(2) of the Criminal Procedure Act
Defendant
Defendant
Attorney Term
Daegu High Court Decision 84No1829 delivered on February 14, 1985
The appeal is dismissed.
The thirty-five days of detention days after the appeal shall be included in the original sentence.
1. The defendant and the state appointed defense counsel's grounds of appeal are also examined.
According to the evidence of employment of the first instance court maintained by the court below, the court below's measure against the defendant as a result of remaining injury resulting from death or injury is justified and there is no error in law in the process of evidence preparation.
According to the records, it is recognized that the court below made a statement to the effect that the defendant was under the influence of alcohol at the time of the crime of this case, but this degree of statement cannot be seen as identical to the assertion of mental and physical disability. Therefore, there is no argument that the court below erred in failing to determine the place of reduction or exemption of punishment.
In addition, the author argues that the court below's sentencing is excessive, but in this case where a sentence of less than 10 years has been imposed, the decision of unfair sentencing cannot be a legitimate ground for appeal.
Therefore, the appeal shall be dismissed and the thirty-five days of detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.
Justices Lee Il-young (Presiding Justice)