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(영문) 부산고등법원 (창원) 2018.09.05 2018노126
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental or physical disorder is unable to be held liable for physical and mental loss or mental weakness at the time of committing the instant crime, and the punishment should be mitigated.

B. The sentence sentenced by the court below to the defendant (15 years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the fact that the defendant was in the state of drinking alcohol at the time of committing the instant crime is recognized.

However, in light of the background and method of the instant crime, the Defendant’s act before and after the instant crime, and the details and attitude of the Defendant’s statement made by an investigative agency, etc. acknowledged by the foregoing evidence, the Defendant was under the influence of alcohol and had lost or weak ability to discern things or make decisions.

shall not be deemed to exist.

We do not accept this part of the defendant's assertion.

B. The circumstances favorable to the determination of the unfair argument of sentencing - the Defendant recognized the instant facts charged and opposed to it.

Murder is a serious crime that makes it impossible to recover by infringing the most severe legal interest of life, and it is inevitable to sentence a severe penalty corresponding thereto.

- The defendant seems to go beyond the victim in light of the victim's face face, etc. somewhat contingent, as he/she will go with the victim under the influence of alcohol.

However, even after the victim exceeded the floor of the side of the road, the victim has taken an intensive care of his/her hair and face at least 10 times, and there was a large amount of blood transfusions on various parts, such as the victim's face, face, head, and neck.

At the time of the instant case, the Defendant left the scene by leaving the victim as it is, even though he was aware of a considerable blood relative of the victim.

Criminal quality and criminality of the defendant are bad.

- The bereaved family members of the victim are trying for severe punishment against the defendant.

. The above.

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