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(영문) 대구고등법원 2019.05.29 2018노544 (1)
살인미수등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the crime of murder in this case, was in the state of mental disorder or mental disorder due to lack of water surface and excessive drinking.

B. Although there was a misunderstanding of the fact that the Defendant administered a psychotropic drug Mescopic scopic scopic copic scopic scopic scopic scopic scopic scopic scopic scopic

However, the court below found the defendant guilty of the violation of the Act on the Control of Narcotics, etc. (facitation) by selling and providing philophones. Therefore, the court below erred by misunderstanding of facts.

C. Each sentence of unfair sentencing (Defendant A: Imprisonment with prison labor for Defendant A and Defendant B: Imprisonment with prison labor for 5 years and 2 years and 6 months) against the Defendants of the lower court 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 (defendant A), the defendant was unable to sleep and drink at the time of committing the attempted murder of this case. However, in light of the background of the crime, the method and method of the crime, and the circumstances after the crime, etc., the defendant did not have the ability to discern things or make decisions due to lack of water surface and drinking at the time of committing the crime.

It does not seem that it was in a state of mental or physical disability or mental disability.

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

B. As to the assertion of mistake of facts (Defendant B), the Defendant alleged to the effect that there was a medication of a phiphone, but the Defendant did not sell or provide a phiphone to A, and the lower court found the Defendant guilty as to the facts charged that the Defendant sold or provided a phiphone to A on the grounds of the circumstances in its reasoning.

The court below's decision is based on various circumstances, and the AB of the evidence duly adopted and examined by the court below.

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