logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.10.07 2016노1704
살인등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was under the influence of alcohol at the time of the instant crime, and was in a state of mental disability. 2) The lower court’s sentence of unfair sentencing (a year of imprisonment, confiscation, and additional collection KRW 10,500,000) is too unreasonable.

B. We find the lower court’s punishment is too uneasible.

2. According to the records of the judgment on the defendant's mental suffering claim, the fact that the defendant was in a drunken state at the time of the crime of this case is recognized.

However, in light of such circumstances, it is difficult to view that the defendant had a state of mental disorder at the time when he committed the crime of this case, when he was aware of the victim D's contact address and the place where he was employed, and the defendant called a bus engineer M with another dong bus engineer who was drinking together with the above victim, thereby identifying the cell phone numbers of the above victim, and again called the above victim to find it a place where the above victim was the victim.

In light of various circumstances acknowledged by the evidence duly adopted and investigated by the court below, the defendant prepared two knifes in his house to find it as the above place, and knife the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

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

3. The Defendant, as well as the prosecutor, is liable for the assertion of unfair sentencing by the Defendant and the prosecutor, even though they grow up in an infinite environment.

arrow