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(영문) 대구고등법원 2015.11.19 2015노358
살인등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental disability due to the existence and drinking of alcohol.

B. The lower court’s sentence of unreasonable sentencing (12 years of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, even though the defendant was unable to receive hospitalized treatment due to alcohol proof, etc. around 2003 and was in a state of drinking at the time of the crime of this case, it does not appear that the defendant had the ability to discern things or make decisions because of alcohol proof or drinking, which can be known by the evidence duly adopted and investigated by the court below, and the circumstances after the crime of this case, especially the defendant took a telephone to the victim's living together immediately before the crime of this case, and then took a call with the victim. After the defendant got off his cell phone in the room immediately after the crime of this case, the defendant tried to leave the scene after driving the cell phone in the vehicle and tried to leave the scene. In light of the above facts, it does not appear that the defendant at the time of the crime of this case had the ability to discern things or to make decisions with weak intent due to alcohol existence or drinking.

Therefore, this part of the defendant's argument cannot be accepted.

B. As to the assertion on unfair sentencing, there is no record of having been sentenced to a suspended sentence or heavier punishment, and the fact that the defendant seems to have reached the instant crime by contingency while drinking alcohol, and that the defendant's mistake is divided is favorable to the defendant.

However, the crime of this case was committed by the defendant for about 12 years on the ground that it was brought about with the victim who was her friendship with the victim who was her friendship, and was killed with fife, and was driven while leaving the scene, and the method and quality of the crime are very poor, and in particular, it was altered due to the murder of this case.

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