logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2013.09.05 2013노309
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of committing the instant crime, was in a state of having no or weak ability to discern things or make decisions due to drinking, and thus, the lower court did not recognize it, thereby adversely affecting the conclusion of the judgment by misunderstanding the fact concerning the defect or mental or physical disability.

B. The lower court’s sentence of unreasonable sentencing (ten years and six months of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court regarding the assertion of mental disorder, the fact that the Defendant was in a state of drinking alcohol to a certain extent at the time of the instant crime is recognized.

However, in full view of all the circumstances, such as the background leading up to the above crime, the means and method of the crime, the criminal defendant's criminal conduct before and after the crime, and the circumstances after the crime, it is determined that the defendant did not have the ability to discern things or make decisions due to drinking at the time of the crime.

Therefore, it is correct that the court below did not recognize the mental disorder of the defendant, and there was no error of misconception of the facts regarding the mental disorder.

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

C. There is no previous conviction on the assertion of unfair sentencing.

Recognizing one's own crime and his mistake is divided.

The defendant suffers from diseases, such as depression, cronology, and urology.

The marrieds and branchs of the defendant want to be the wife of the defendant.

These circumstances are favorable to the defendant.

However, human life is the most respected value that should be protected by the state or society, and an act of infringing on individual life can not be used for any reason.

The defendant was sentenced three times to a suspended sentence of imprisonment with prison labor due to violence and five times to a fine.

The accused shall carry excessive amounts.

arrow