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(영문) 광주고등법원 (제주) 2015.08.12 2015노60
살인등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant murder with mental or physical disorder is under the influence of alcohol, thereby committing the crime in a state of mental or physical disorder.

B. The lower court’s sentence of unreasonable sentencing (a 15 years of imprisonment, and confiscation No. 2) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, it is deemed that the Defendant was in a state of drinking alcohol at the time of committing the instant murder, but in light of various circumstances, such as the background, means, methods, and the Defendant’s behavior before and after the instant crime, it is not determined that the Defendant was in a state that the Defendant had no or weak ability to discern things due to drinking alcohol at the time of committing the instant murder.

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

B. The Defendant appears to have committed each of the instant crimes on a contingent basis, and the fact that the Defendant appears to reflect each of the instant crimes, etc. are favorable to the Defendant.

On the other hand, the crime of murder is a serious criminal that infringes on the right to life, which is the basis of human dignity and value, and the defendant murdered the victim F in the fighting which started without being involved in the crime of bodily injury, although he was investigated as a result of the crime of bodily injury in the judgment that he had committed a crime of violence and was under probation

In addition, in full view of the defendant's age, character and conduct, environment, family relationship, criminal record, motive and background of the crime, method and consequence of the crime, the recommended range of sentencing guidelines, such as the circumstances before and after the crime, etc., it is not determined that the court below's sentence against the defendant is too unreasonable.

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

3. In conclusion, the defendant's appeal is without merit. Thus, the defendant's appeal is in accordance with Article 364 (4) of the Criminal Procedure Act.

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