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(영문) 대구고등법원 2014.01.09 2013노565
살인등
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant and the person to whom the attachment order was requested (hereinafter referred to as the "defendants") using a knife and knife for the purpose of avoiding any disturbance or knife before the owner of the second body, and the defendant found the second body. The defendant asserted that the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, and the victim Fnife knife knife knife knife knife knife knife is

Nevertheless, the court below erred by misunderstanding that the defendant had the intention to kill the victim F, which affected the conclusion of the judgment.

B. The Defendant, at the time of committing the instant crime, was in a state of having no or weak ability to discern things or make decisions due to drinking, and thus, the lower court did not recognize it, thereby adversely affecting the conclusion of the judgment by misunderstanding the fact concerning mental disorder or mental retardation.

C. The lower court’s sentence of unreasonable sentencing (10 years of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant may acknowledge the fact that the victim’s left chest with the kitchen knife with his will to kill the victim F.

① The victim F was dissatisfied with the Defendant’s frequent drinking, and the Defendant immediately before the instant crime was committed, asked E, etc. about where the victim F was the victim’s whereabouts. There is considerable room to deem that there was a dispute immediately before the instant crime was committed between the Defendant and the Victim F.

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