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(영문) 서울고등법원 (춘천) 2014.06.11 2014노69
존속살해미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

B. The sentence imposed by the court below is too unreasonable.

2. Determination

A. The court below rejected the defendant's claim of mental and physical disability, even though the defendant appears to have been in a state of drinking at the time of the crime in this case, in light of various circumstances, such as the background, means and method of the crime, the defendant's act before and after the crime, etc., it is judged that the defendant's ability to discern things or make decisions under the influence of alcohol does not seem to have reached a state of lacking the ability to discern things or make decisions. In light of the evidence duly adopted and investigated by the court below, the above judgment of the court below is sufficiently acceptable, and the defendant'

B. Although the Defendant’s wrong determination on the assertion of unfair sentencing is against the Defendant’s wrong determination, the victim wanted to kill the Defendant’s wife, the crime of this case is intended to kill her knife with a knife, and the nature and circumstances of the crime are extremely poor, the lower court’s punishment constitutes the lower limit of the sentencing guidelines, and all the sentencing conditions indicated in pleadings, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime, etc., are considered as a whole, it cannot be said that the lower court’s punishment is excessively unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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