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(영문) 서울고등법원 2020.10.16 2020노1279
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed the instant crime in a state of mental disorder or mental retardation by having a disability to the extent that he is unable to control the impulse due to a sense of mental disorder or a summons, or by drinking under the influence of alcohol.

B. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court as well as the materials submitted in the trial, the fact that the Defendant was under the influence of alcohol at the time of the instant crime was found to have been treated several times by alcohol dependence, water surface disorder, and exchange, etc. from 2012 to 2017.

However, the defendant, knife, made a statement to the effect that knife the victim knife knife knife 112,119 and knife knife knife knife itself (Evidence No. 45-47) and the defendant made a statement to the effect that knife or knife knife knife is the victim (Evidence No. 73-74, No. 155-157) and the defendant made a statement to the effect that knife knife knife is the victim (Evidence No. 73-74, No. 155-157) and knife knife knife knife, the defendant made a statement to the effect that knife knife was unfed by alcohol addiction or drunk, but there was no other statement that the defendant committed before or after the crime of this case.

It is difficult to view that there was or was a weak state.

Therefore, the defendant's mental disorder is without merit.

B. The first instance court’s determination on the assertion of unfair sentencing is all the following circumstances.

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