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(영문) 대구고등법원 2013.12.05 2013노510
존속상해치사
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant was unable to discern things or make a decision under the influence of alcohol at the time of committing the instant crime, and thus, the lower court did not recognize this. In so determining, the lower court erred and adversely affected the conclusion of the judgment by misapprehending the fact regarding the defect.

Dob. The sentence of the lower court on the grounds that the sentence of unreasonable sentencing (one year and ten months for imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the lower court regarding the Defendant’s assertion of the defectiveness, the fact that the Defendant was under the influence of alcohol, thereby lacking the ability to discern things or make decisions, is recognized.

However, in full view of the circumstances such as the background leading up to the instant crime, the means and method of the instant crime, the Defendant’s criminal conduct before and after the instant crime, and the circumstances after the instant crime, it is determined that the Defendant did not have the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

B. The Defendant is an initial criminal without a previous conviction on the assertion of unfair sentencing by the Defendant and the prosecutor.

The Defendant recognized the crime of this case and reflected his wrongness.

The Defendant had been living together with 2 South and North Korea for a long time with her mother who was the victim, and around 207, she supported 3 South and North Korea, a child of the Defendant, after her South and North Korea died of a traffic accident. At the time of the instant crime, she was living with 1 South and North Korea.

The defendant seems to have committed the crime of this case in a state of mental disorder caused by drinking.

Defendant also, as his mother, has inflicted an injury on his mother, resulting in the death of his mother. As a result, Defendant’s crime of this case leads to considerable mental impulse and criminal liability.

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