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(영문) 부산고등법원 2015.06.18 2015노205
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was under the state of mental disability under the influence of alcohol at the time of the instant crime. (2) In light of the various sentencing conditions of the instant case on unreasonable sentencing, the punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, the above sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. In light of various circumstances, such as the process and method of the instant crime committed by the Defendant based on the evidence duly adopted and examined by the lower court, the process and process up until the Defendant had a knife knife knife in a female room where the Defendant had committed the instant crime, the form of the instant crime, the attitude and behavior of the Defendant before and after the instant crime, and the circumstances after the instant crime, even though the Defendant was under the influence of alcohol at the time of the instant crime, it cannot be deemed that the Defendant had a weak ability to discern things or make decisions.

Therefore, the defendant's argument of mental disability is without merit.

B. Examining the various sentencing conditions in the instant case on the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant, in a knife, became a knife of the victim, etc., who was in a state of secret guard, due to snife in the room. In light of the risk of the relevant crime and the interview and interview nature, etc., the Defendant committed the instant crime solely on the ground that the victim told fighting, thereby leading the victim to the instant crime; the victim was injured by the injury, such as trauma and chest, and the Defendant was under hospitalized treatment after the escape, etc., is disadvantageous to the Defendant.

On the other hand, however, the defendant committed the crime of this case by breaking his mistake in depth while committing the crime, and driving alcohol with the victim's speech while drinking.

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