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(영문) 서울고등법원 2018.10.04 2018노1237
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who has not been mentally and physically weak, committed the instant crime under the influence of mental and physical weakness due to mental illness and main illness.

B. The sentence sentenced by the lower court (six years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the records of the instant case, the lower court determined that the Defendant was in a state that the Defendant had weak ability to discern things or make decisions at the time of committing the instant crime.

It is difficult to recognize

The decision was determined.

① According to the photograph taken by the Defendant immediately after the crime of this case, the Defendant dices alcohol before committing the crime of this case.

It does not seem that it does not appear.

See evidence records 52-56 pages 52-56, E, the victim’s relative, stated to the effect that “The Defendant was under stress due to difficulties in foreign life, her mother, hospital rain, etc., but did not attend a hospital or have no combustibility with the victim.”

The evidence record 121-122 pages, ③ the Defendant seems to have not received medical treatment from a mental hospital in Korea.

④ When the police was first examined, the Defendant made a relatively clear statement on the reason, process, etc. of the instant crime.

5 The Defendant exercised considerable tangible power, such as moving away from the floor of the convenience store in the course of the instant crime, and cutting down the neck beyond the floor.

2) In light of the following circumstances, which are recognized by the records of the instant court’s judgment, the court below committed the instant crime under the influence of alcohol or lack of ability to discern things or make decisions due to the occurrence of mental illness.

It is difficult to see it.

Therefore, the defendant's mental and physical weak argument is without merit.

(1) The accused shall assault a knife a knife and knife on the floor to use it as above.

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