(영문) 서울고등법원 2017.01.12 2016노3396 | 리걸엔진

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(영문) 서울고등법원 2017.01.12 2016노3396

살인미수등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six years.

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

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant alleged (1) that there was no intention to kill the victim G or H, the lower court found the Defendant guilty of committing the crime of murdering against the said victims by misunderstanding the fact.

(2) At the time of committing the crime, the Defendant was under the influence of alcohol so as to have no or weak ability to discern things or make decisions.

(3) The sentence sentenced by the lower court (a prison term of eight years, confiscation) is too unreasonable.

B. The Prosecutor’s assertion that the above sentence declared by the lower court is too unhued and unreasonable.

2. Determination

A. The court below rejected the Defendant’s assertion of mistake as to the Defendant’s factual assertion by asserting the same as the grounds for appeal in this part, and the court below stated in the judgment in detail that “the judgment on the Defendant’s and his defense counsel’s assertion” is “the judgment on the Defendant’s assertion.” The court below’s aforementioned judgment is just and acceptable, and contrary to the Defendant’s assertion, the lower court did not err by mistake.

The defendant's assertion of facts is without merit.

B. According to the records on the Defendant’s assertion of mental and physical disorder, even though the Defendant was under the influence of alcohol at the time of each of the instant crimes, the Defendant was deemed to have been under the influence of alcohol at the time of committing each of the instant crimes, in light of the background leading up to each of the instant crimes, the means and methods of committing the crime, and the circumstances after committing the crime,

Therefore, this part of the defendant's assertion is without merit.

(c)

In light of the risk of the crime committed by the defendant, the specific circumstances of each crime, the number of victims and the degree of injury, etc., the defendant's strict punishment in that each crime of this case is extremely poor and is very heavy.

유사 판례

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