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(영문) 서울고등법원 2013.07.11 2013노1499
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for fourteen years.

Seized knife No. 1 (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Even though the Defendant committed the instant crime under the state of having the ability to discern things or make decisions by drinking a large amount of alcoholic beverage exceeding a large amount of 2 in the middle of a week, at the time of the instant crime, the lower court did not have any criminal conviction against the Defendant. 2) In light of the fact that the Defendant did not have any criminal conviction, and that the Defendant committed the instant crime with the remaining contingent charges under the influence of alcohol, the Defendant’s imprisonment (one year of imprisonment) declared by the lower court is too unreasonable.

B. Although the prosecutor did not have a criminal record against the defendant, the defendant murdered the victim in a knife knife with a knife, and taking into account the victim's age (22 years old) into account, the sentence imposed by the court below is too unfeasible and unfair.

2. Comprehensively taking account of the evidence duly admitted by the lower court as to the Defendant’s claim of mental disability, the Defendant is found to have been engaged in drinking to a certain extent at the time of the instant crime.

Since the prosecution, the court below and the court of the trial stated that the defendant has drank one or more times of drinking at the time when the police investigation into the amount of drinking at the time, and since the prosecution, the court below and the court of the trial stated that he has drank two or more times of drinking at the time

However, in light of the H’s statement that was immediately after the crime, although the Defendant was under the influence of alcohol, it does not seem that the Defendant did not have the ability to discern things or make decisions due to the knife, even though the Defendant was under the influence of alcohol.

The defendant's argument in this part of the grounds for appeal shall not be accepted.

3. The human life of the Defendant and the prosecutor on the assertion of unreasonable sentencing cannot be altered even from any of the three cases.

Nevertheless, our recent years.

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