(영문) 서울고등법원 2020.10.29 2020노1167 | 리걸엔진

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(영문) 서울고등법원 2020.10.29 2020노1167

살인미수등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Reasons

Summary of Grounds for Appeal

A. When committing the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disability.

B. The sentence imposed by the court below on the defendant (ten years of imprisonment) is too unreasonable.

Judgment

A. According to the evidence duly admitted and examined by the lower court, the lower court recognized the Defendant’s Da, E, and beereral facts around December 15, 2019.

However, the following circumstances acknowledged by the evidence, i.e., ① the Defendant sent a game at the PC for about one hour on December 15, 2019, immediately before the instant crime, around 22:00, at around 33,73 of the evidence records, and ② the Defendant sent back the knife of the knife from “C” to knife the knife of the knife, concealed the knife into the right part, and accessed the victims; ③ the Defendant told the victim E, who escaped immediately after the instant crime, to the effect that the Defendant “I would find the victim E,” 197 of the evidence records, ④ the Defendant stated in detail that the victim’s conversation was divided from the police investigation immediately after the Defendant was arrested to the victim D and the date of the instant case, and that the Defendant did not have any ability or ability to make decisions due to drinking at the time of the instant crime.

Therefore, the defendant's mental disorder cannot be accepted.

B. The crime of attempted murder of this case on the assertion of unfair sentencing is committed by the Defendant on the ground that the Defendant completely cut off the victim’s intent by using the victim’s knife knife with the victim’s knife, and the method of the crime is very dangerous and cruel.

The doctor who treated the victim presented the opinion that "if a prompt and appropriate operation is not performed, the victim will have died."

The victim D feel that it is difficult to conceal due to the instant case.

유사 판례

-서울중앙지방법원 2015.02.13 2014고단9982

-의정부지방법원 2014.06.27 2014노300

-광주지방법원 2014.06.12 2014노180

-부산고등법원 2015.09.23 2015노417

-서울고등법원 2020.06.30 2020노218