logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (제주) 2015.04.01 2014노134
살인미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The instant crime was committed under the condition of mental disorder or mental and physical disability. 2) The lower court’s sentence of unfair sentencing (a prison term of 20 years, and confiscated No. 1) is too unreasonable.

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

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the Defendant’s mental and physical disability argument, it is recognized that the Defendant had a drinking condition at the time of the instant crime, but in light of various circumstances, such as the background, means, methods, and the Defendant’s behavior before and after the instant crime, it is not determined that the Defendant had a lack or weak ability to discern things or make decisions due to drinking, etc. at the time of the instant crime.

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

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant recognized each of the crimes of this case and reflected, and the Defendant did not have any criminal record, etc. are favorable to the Defendant.

On the other hand, each of the crimes of this case is committed by the defendant in a knife with a knife prepared in advance by the victim, resulting in the victim C's death. In particular, murder is an act of cutting the human life, which is a decent value that cannot be altered, and in consideration of the fact that it is a serious crime that cannot be restored in any way, the nature of the crime is very serious, the bereaved family members of the victim C, such as the victim F, etc., who observed the husband's death, appear to have suffered a serious mental suffering, and even though the defendant did not separately endeavor to boom the bereaved family members, there are circumstances unfavorable to the defendant.

In addition, the defendant's age, character and conduct, the environment, the circumstances of the crime, the means and methods of the crime, and the circumstances before and after the crime are revealed in the arguments in this case.

arrow