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(영문) 서울고등법원 2016.06.30 2016노1123
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

The lower court rendered a conviction against the Defendant case, and dismissed the prosecutor’s request for attachment order and protective observation order, respectively, and only the Defendant appealed.

Therefore, there is no benefit in appeal with respect to the claim for attachment order and protective observation order. Therefore, notwithstanding Articles 9(8) and 21-8 of the Act on the Protection and Observation of Specific Criminal Offenders, the part of the judgment below regarding each of the above claim is excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime.

B. The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.

3. Determination

A. According to the record of the Defendant’s assertion of mental and physical disorder, even though he was aware of drinking alcohol at the time of committing the instant crime, in light of the following: (a) the background leading up to the instant crime; (b) the method and method of committing the instant crime; and (c) the circumstances after committing the instant crime, etc., the Defendant was in a state of the ability or lack of ability to discern things or make decisions due to drinking;

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

B. Reviewing the sentence of the court below against the defendant on the basis of the conditions of sentencing under Article 51 of the Criminal Act, including the degree of injury to the victims of the wrongful assertion of sentencing, as well as the statement in the column of "reasons for sentencing" of the court below, the court below's decision on the grounds of the records of this case and the theory of changes in the sentencing, is not deemed to be unfair because the sentence sentenced by the court below is too unreasonable

4. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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