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(영문) 대구고등법원 2014.09.18 2014노334

살인

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

The defendant alleged misunderstanding of facts or over-defense, etc. is merely a knife knife that was placed around the victim to escape from violence from the victim, and there was no intention to kill the victim.

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

In light of the background leading up to the instant crime, etc., the sentence imposed by the lower court (one hundred years of imprisonment) on the Defendant is too unreasonable.

In light of the methods and results of the instant crime, the sentence imposed by the lower court against the Defendant is too uneasible and unfair.

Judgment

With respect to the Defendant’s assertion of mistake of facts or excessive defense, etc., the lower court also asserted the same as the grounds for appeal in this part in the court below’s judgment. Accordingly, the lower court stated as follows: (i) the Defendant was able to know by the record; (ii) the Defendant was faced with the Victim’s fingers as soon as possible in order to escape the Defendant’s body; (iii) the Defendant was deprived of the Victim’s fingers; and (iv) the Defendant was out of the Victim’s body with a knife to threaten the Victim while the Defendant was out of his knife, and knife the Victim’s body; (v) the Defendant was knife of the Victim’s knife and knife several times (Evidence Records No. 27,84 of the Evidence Records); and (v) the Defendant reached five times the upper part of the Defendant’s knife, right shoulder, etc.; and (v) the Defendant’s life and knife’s body was included in the Defendant’s body.