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(영문) 부산고등법원 (창원) 2018.06.12 2018노61
살인등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, a mentally and physically weak, was under the influence of alcohol at the time of committing the instant murder, and thus, ought to be mitigated.

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

2. Determination

A. According to the evidence duly admitted and examined by the court below, the defendant was deemed to have a drinking condition at the time of committing the murder in this case, but the defendant at the time of the first police investigation conducted three hours after the time of the crime, and stated in detail the process, circumstances, etc. of the crime in this part at the time of the first police investigation. In light of the defendant's behavior before and after the crime, etc., the defendant had weak ability to distinguish things or make decisions under the influence of alcohol at the time of the crime in this part.

shall not be deemed to exist.

This part of the defendant's assertion is without merit.

B. The circumstances favorable to the determination of unfair sentencing – the Defendant recognized all of the facts charged in the instant case.

- The Defendant committed the instant crime somewhat contingently due to frequent external appearance of the victim C.

Unfavorable circumstances - The Defendant committed assault by killing the victim C's chest, clothes, etc., which is the victim C, on seven occasions on the road, and committing an injury in need of approximately six weeks of treatment by taking the face of the victim E in a manner of drinking or destroying 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 victim C's bereaved family members and the victim E did not agree, and the victim E filed a severe punishment against the defendant.

- The Defendant committed each of the crimes in this case without being aware of the fact that he was sentenced to imprisonment for six months with prison labor for special intimidation to E and was under suspension of execution of one year.

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