(영문) 서울고등법원 2014.12.11 2014노2765 | 리걸엔진

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(영문) 서울고등법원 2014.12.11 2014노2765

살인미수

Text

The remainder of the judgment of the first instance except the application for compensation order shall be reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court of first instance is excessive and there is an error of law that affected the conclusion of the judgment by misunderstanding the legal principles as to mental and physical disability, even though the defendant was in a state of lacking the ability to discern things or make decisions due to mental illness at the time of stopping the crime

B. The first sentence of an unreasonable sentencing (10 years of imprisonment) is too unreasonable.

2. Determination:

A. According to the record as to the claim of mental disability, in light of various circumstances such as: (a) the circumstance in which the defendant saved a drug to treat depression in Sri Lanka before entering the Republic of Korea; (b) the background leading up to the instant crime; (c) the means and method of the commission of the crime; (d) the defendant's behavior before and after the commission of the crime against the victim C; and (e) the defendant saved the victim's behavior before and after the commission of the crime; and (e) the defendant stated the situation in dispute with the victims and the process of the crime, it does not seem that the defendant had weak ability to distinguish things or make decisions on the ability to change things due to mental illness at the time of the instant crime.

Therefore, the defendant's argument of mental disability cannot be accepted.

B. As to the assertion of unfair sentencing, the instant crime was committed by the Defendant with the chest, etc. of the victim C, who was divingd by the kitchen knife, and the victim C’s name was followed, and then the victim D attempted to kill the victims with the kitchen knife with the kitchen knife, etc., and the crime committed is not easy.

It is difficult to say that the physical and mental suffering suffered by the victims due to the crime of this case is not possible.

However, the defendant's attempt to commit the crime of this case and reflects his fault, and the defendant takes contact with his wife and peace.

유사 판례

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