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(영문) 대전고등법원 2015.09.25 2015노323
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of mental disorder having weak ability to discern things or make decisions due to alcohol alcohol-related existence, impulse control disorder, depression, depression, etc.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment) is too heavy.

2. Determination

A. According to the record as to the assertion of mental disorder, it is recognized that the Defendant was treated by the diagnosis of alcohol dependence on the use of alcohol during the period from November 30, 2012 to January 13, 2015, and the Daejeon Seo-gu Integrated Support Center for Addiction Management was also receiving medical treatment, such as training, continuous drugs, counseling, etc. after November 20, 2012, and that he was drinking alcohol at the time of the instant crime.

However, the phenomenon where a crime was committed due to the failure to suppress one's impulse is likely to be found even for the normal person, and it cannot be said that a person who has such character defect requires an act that cannot be expected to restrain his impulse and to demand compliance with the law, barring special circumstances. Therefore, it is reasonable to deem, in principle, that the defect such as shock disorder does not constitute a mental disorder, which is the reason for the reduction or exemption of punishment.

(2) On May 24, 2002, the Defendant, immediately after committing the instant crime, stated in a relatively concrete manner the background leading up to the commission of the crime, method and act, and circumstances before and after the instant crime, etc., on the ground that the Defendant had been in a somewhat abnormal state of drinking alcohol at the time of committing the instant crime, such circumstance alone does not lead to the mental and physical state to the extent that the Defendant had a weak ability to discern things or make decisions.

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