beta
(영문) 서울고등법원 2014.12.18 2014노2634

살인미수

Text

The defendant's appeal is dismissed.

Reasons

1. The court below rendered a judgment dismissing the prosecutor's request with respect to a prosecuted case and the case claiming an attachment order. Accordingly, since only the defendant appealed to the part of the defendant's case, the part of the judgment below regarding the case claiming an attachment order among the judgment below is determined and excluded from the scope of the judgment of this court

2. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental disability.

B. The sentence imposed by the lower court on the Defendant (seven years of imprisonment) is too unreasonable.

3. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental and physical disorder, it is acknowledged that the defendant had drinking alcohol prior to the crime of this case, but in light of various circumstances, such as the background of the crime of this case, the means and method of the crime, the defendant's behavior before and after the crime of this case (the defendant her knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife).

The defendant's ground of appeal in this part is without merit, since it cannot be seen as having reached a weak or weak state.

B. This case’s decision on the assertion of unfair sentencing is based on the following: (a) the Defendant was aware that he/she had a dispute over the victim’s age issues; (b) attempted to murder the victim with the kitchen knife with the kitchen knife; and (c) the nature and circumstances of the

In addition, it is highly dangerous that the kitchen knife used as a criminal tool is in danger of the kitchen knife, the body of the victim with the kitchen knife is the left side of the body where the main body of the victim is gathered, and the degree of the knife knife is the victim's left side and the degree of 8 cm with the depth of the 10cm.