logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2015.02.12 2014노3355
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant committed the instant crime under the influence of alcohol at the time of the instant crime, under the lack of the ability to discern things or make decisions, the lower court did not recognize mental and physical disorder. In so doing, the lower court erred by misapprehending the legal doctrine and by misapprehending the legal doctrine, which affected the conclusion of the judgment.

B. The sentence of the lower court on the Defendant’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. According to the court below and the evidence duly admitted and investigated by the court below as to the claim of mental disability, the defendant is deemed to have been under the influence of alcohol at the time of the crime of this case, but considering the background of the crime of this case and the circumstances before and after the crime of this case, it is difficult to view that the defendant at the time of the crime of this case was under the weak ability to discern things or make decisions, and therefore,

B. As to the assertion on unfair sentencing, the crime of this case committed by the defendant against the assertion on unfair sentencing is a normal situation favorable to the defendant, such as: (a) while the defendant was under care of the victim who was suffering from dementia for several years and was in charge of living at the house; (b) murdering the victim with a chance to do so; and (c) there is any reason to consider the motive to a certain extent; (d) the defendant satisfying back the crime of this case; (c) the defendant satisfying back the crime of this case; (d) the defendant and his children desire to take the wife against the defendant; and (e) there is no criminal

However, the Defendant asserted to the effect that, immediately after the instant crime was committed, the victim was able to communicate the Defendant’s wife to have the victim receive relief measures, but the victim died while receiving medical treatment at the hospital. However, according to the record, contact with his/her wife is likely to cause the victim’s death with the knowledge that the victim had already died.

arrow