logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.06.13 2014노961
살인등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for ten years.

knife knife, seized.

Reasons

Summary of Grounds for Appeal

A. A. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) were drunk at the time of the instant crime and were in a state of mental disability.

B. Both parties asserts that, with respect to the punishment imposed by the court below (13 years of imprisonment), the defendant is too unlimited and unfair, and the prosecutor argues that the defendant is too uneasible and unfair.

According to the record as to the judgment on the part of the defendant's case, it is recognized that the defendant was in a state of drinking alcohol to a certain extent at the time of the crime of this case, but in light of the motive and background of the crime of this case, the means and method of the crime of this case, and the circumstances after the crime, etc., it does not seem that the defendant was in a state of lacking the ability to discern things or make decisions due to drinking at the time of the crime,

The crime of this case against the assertion of unfair sentencing is not a crime in light of the following: (a) the defendant, when there is a dispute over drinking together with the victim, followed by preparing a mountain knife knife, thereby sniffing the victim's knife against the victim's knife; and (b) the result was grave and criminal methods cruel; and (c) the victim was suffering from extreme fear and pain until knife in the defendant's knife without any particular resistance as a woman, and the victim was suffering from extreme fear and pain until the death.

However, at the same time, the defendant agreed with the bereaved family members of the victim, and the bereaved family members wanted to move against the defendant, the defendant led to a confession and reflect on the crime of this case, the defendant has no particular criminal punishment in addition to the fine, and the defendant seems to have committed the crime of this case in a breathous manner in the course of breathing a dispute with the victim under the influence of alcohol. Otherwise, the defendant's age, family relationship, criminal record, personality and conduct, environment, etc.

arrow