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(영문) 서울고등법원 2013.04.05 2013노692
살인미수등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

The summary of the grounds for appeal of the defendant's case is that the court below did not recognize that the defendant was in a state of mental disorder due to depression and drinking at the time of the crime of this case.

The sentence of imprisonment (14 years of imprisonment) imposed by the court below on the defendant is too unreasonable.

According to the evidence duly adopted and examined by the court below, the part on the assertion of mental disorder was found to be in a situation where the defendant could feel at the time of the above crime, and was found to have drinking prior to the crime, but in light of the background, means and method of the crime of this case, and the defendant's behavior before and after the crime, etc., the defendant did not have the ability or ability to make a decision to discern things due to depression and drinking.

Since it cannot be seen as having reached a state or weak, the above assertion is without merit.

The part of the defendant's assertion of unfair sentencing is the primary offender, the defendant recognized the crime of this case, and the attempted crime of this case is committed with a favorable condition to the defendant, but the crime of this case is committed with the intention of murdering the victim F, and G, which is a deadly weapon with the intent of murdering the former workplace, and the victim K, L, and L were inflicted with the above victims, and the crime of this case is extremely poor, and the defendant plans to commit the crime of this case in advance, such as preparing excessive amount in advance and waiting to leave the victim F, G, the degree of injury suffered by the victim F, and G, the victim K, and L did not have any face-to-face consciousness with the defendant, and the defendant did not reach the agreement with the victims, the victim's punishment was punished for the victims, and the victims did not have any physical and mental suffering until now.

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