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(영문) 광주고등법원(전주) 2020.12.09 2020노182
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for eight years.

A seized knife (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person against whom the attachment order was requested, and the person against whom the probation order was requested (hereinafter “Defendant”) 1) The Defendant was in the state of mental and physical disability at the time of committing the instant attempted murder and special robbery. 2) The lower court’s sentence of unreasonable sentencing (one year of imprisonment, etc.) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence in the part of the Defendant’s case is too unfasible and unreasonable. 2) The Defendant, as stated in the lower judgment’s judgment, committed a crime of attempted murder as stated in the crime of Article 2019Da180(1) and dismissed a prosecutor’s request for an attachment order and a probation order despite the risk of recommitting the crime of murder, is unreasonable.

2. Determination on the part of the defendant's case

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s claim of mental retardation, it is difficult to view that the Defendant had a weak ability to discern things or make decisions at the time of committing the instant murder, attempted murder and special robbery.

① The Defendant did not have experience in undergoing mental diagnosis or treatment prior to committing the instant murder, attempted murder, or special robbery, and it appears that there was no problem due to drinking because he did not drink at the time of the crime.

(2) On the following day of the attempted murder and special robbery of this case, the Defendant made a detailed and detailed statement on the motive or circumstance leading to the commission of the crime, the purchase of tools to commit the crime, the method of committing the crime, and the situation after committing the crime.

(Evidence Records No. 127-142). 3 The victim B divided the process of committing the crime of attempted murder of this case and the special robbery with the Defendant who made a coffee at the time of the crime of attempted murder of this case, but did not feel that the Defendant was abnormal, except for the fact that the

(No evidence record, 305 pages). (4) The Defendant is guilty of the murder of this case.

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