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(영문) 광주고등법원 2015.02.12 2014노350
살인등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A mentally ill-minded defendant was drunk at the time of committing the instant crime and was in a state of mental disorder or mental disability.

The sentence of unfair sentencing (17 years of imprisonment) by the lower court is too unreasonable.

Judgment

In light of the background of the instant crime, the means and method of the crime, and the Defendant’s speech and behavior before and after the crime, etc. acknowledged by the evidence duly adopted and examined by the lower court on the claim of mental disability, it is recognized that the Defendant was aware of drinking at the time of the instant case, but did not have the ability to discern things or make a decision.

It is not recognized that it has reached a weak or weak state.

The defendant's assertion on this is without merit.

The defendant F, who is the defendant's wife, does not want the defendant's punishment, the defendant deposited KRW 20 million for his/her bereaved family members E, and the defendant has no record of criminal punishment except for fines.

However, murder is a crime of cutting the life of a person who is a valuable value that cannot be altered in this world, and the result is frighten without any further result, and it is a serious criminal that cannot be recovered in any way, and the defendant is suspected that the victim E, who has promoted the same business with drinking alcohol, merely frighted with the victim F. It is very heavy that the crime was committed on the ground that the victim E, who has conducted the business with drinking alcohol, did not confirm it, died from the victim E in a knife to the low-weight shock by the knife knife, and the victim E died from the knife to the knife by the knife pactic shock by the knife knife, and did not result in death.

In addition, the wife and the remaining family members of the victim E who should raise two children alone are trying to punish the defendant in spite of the deposit of the defendant.

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