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(영문) 광주고등법원 (제주) 2015.06.03 2015노39
살인미수
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (five years of imprisonment and one excessive confiscation) is too unreasonable.

B. Prosecutor 1) Although it is difficult to see that the Defendant was in a state of mental or physical disability at the time of committing the instant crime, the lower court recognized mental or physical disability and mitigated the sentence. 2) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable

2. Determination

A. The lower court, based on the evidence duly adopted and examined by the lower court, determined that “the Defendant was under the psychologic spirit and treatment from around 1993 to the two sides, etc., and was in a state of mental disorder due to the symptoms of alcohol alcohol and the state of alcohol exploitation at the time of the instant crime,” and that the sentence was mitigated on the ground of mental and physical disability.

Examining the judgment of the court below in a thorough comparison with the records, it is sufficiently justified, and the judgment of the court below does not err in the misapprehension of legal principles as alleged by the prosecutor.

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

B. As to the assertion on unfair sentencing, the following are circumstances that are unfavorable to the defendant: (a) the defendant prepared to commit the crime in advance, such as preparing for excessive treatment, which is a deadly weapon; (b) the defendant committed the crime against the victim who does not have any direct relationship on the ground that his or her his or her father does not have any contact; (c) the defendant took a serious injury that requires approximately four weeks of treatment on the side of the victim, etc., following the victim, etc., who is in the state of infinite guard; (d) the risk of the act was extremely high in light of his or her father and degree; (e) the victim and his or her family members are likely to have been seriously affected by the crime of this case; (e) there is no measure taken by the defendant to recover from damage; and (e) the victim and his or her family members want to be punished by the defendant.

On the other hand, the defendant committed the crime of this case.

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