(영문) 대구고등법원 2015.07.09 2015노10 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구고등법원 2015.07.09 2015노10

살인등

Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for seventeen years;

3. The knife;

Reasons

1. Summary of grounds for appeal;

A. Defendant and the respondent for an attachment order (A) part of the Defendant case A) Defendant and the respondent for an attachment order (hereinafter “Defendant”) were in a state of lacking the ability to discern things or make decisions due to a large amount of drinking and mental disorder based on family capacity at the time of the instant crime.

B) The lower court’s sentence of unreasonable sentencing (20 years of imprisonment) is too unreasonable. 2) In full view of the following factors: (a) the Defendant’s part of the request for attachment order did not have any criminal punishment prior to the instant crime; (b) the background of the instant crime; (c) the Defendant’s tendency and living attitude toward the Defendant; and (d) the result of evaluating the Defendant’s risk of recidivism, it is difficult to view that the Defendant has a risk of again

In addition, even if it is recognized that the defendant is dangerous to repeat a crime, the period of attachment for 10 years is too excessive and unfair.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the record as to the defendant's claim of mental disability of the defendant 1 in part of the defendant's case, the fact that the defendant was in a drunken state at the time of the crime of this case

However, in light of the circumstances acknowledged by the evidence duly adopted and examined by the lower court, the method and method of the instant crime, the circumstances after the commission of the crime, in particular, the Defendant committed the instant murder after a considerable period of time after the Defendant boarded the taxi operated by the victim, and the Defendant was driving the cab of the victim after the instant murder, and abandoned the body by moving the victim’s body to a rare place, etc., it is not deemed that the Defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime.

In addition, there is a person who suffers from mental illness or has received a new forest from among the relatives of the defendant.

유사 판례

-부산고등법원 2014.01.08 2013노529

-서울고등법원 2015.02.05 2014노3814

-부산고등법원 (창원) 2014.05.07 2013노385

-서울고등법원 2015.01.30 2014노2319

-서울고등법원 2013.12.20 2013노3386