beta
Text
1. The judgment below is reversed.
2. A. The defendant shall be punished by imprisonment for a term of three years.
(b) provided that this ruling has become final and conclusive.
Reasons
The Defendant, at the time of committing the instant crime, was in a state of mental and physical weakness, such as being drunk and having no memory.
The punishment sentenced by the court below (five years of imprisonment, confiscation) is too unreasonable.
As to the argument on the grounds for appeal, the Defendant and the defense counsel of the lower court also asserted the same as above, but the lower court stated to the effect that most of the following facts and circumstances can be acknowledged by the evidence duly adopted and investigated: (i) the Defendant, at the prosecutor’s office and the lower court, stated to the effect that he did not memory as to the background of the instant crime and the circumstances before and after the instant crime; (ii) during the police interrogation process conducted in a relatively close range from the time of the instant crime, he stated that the Defendant continued to drink alcohol exceeding her share prior to the instant crime; (iii) however, in light of the time interval during which the instant crime was committed, it is difficult to see that the Defendant was under drinking only at the physical and mental state at the time, and (iii) the Defendant will die with knife on the day of the instant crime.
In full view of the fact that even before committing the crime, the Defendant had expressed considerable violence to D whenever he was drunk, and the Defendant was well aware of such fact, and thus was expected to have sufficiently predicted the possibility of doing harm when he was under the influence of alcohol. In light of the above, the Defendant did not seem to be in a state where he lacks the ability to distinguish things or make decisions due to drinking at the time of committing the crime in this case.
The decision was determined.
In addition to the above circumstances discussed by the court below, the court below has duly adopted it.