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(영문) 서울고등법원 2016.09.01 2016노1494
살인미수등
Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) 1) mentally ill-incompetent is a crime of murder of this case and injury resulting from special obstruction of performance of official duties (hereinafter “the crime of murder of this case”).

(2) The sentence imposed by the lower court on the Defendant (limited to four years of imprisonment and fine of 300,000 won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. Defendant case 1) The Defendant asserted the same purport as this part of the grounds for appeal even in the lower court’s judgment. The lower court rejected Defendant’s assertion that, in light of the circumstances acknowledged by the adopted evidence, although the Defendant was aware that he had drinking alcohol at the time of committing the crime of attempted murder in this case, it did not seem that he had a weak ability to discern things or make decisions. Examining the evidence duly adopted and investigated by the lower court in light of the records, the lower court’s aforementioned determination is justifiable, and there is no error of law by misapprehending the facts or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. The Defendant’s allegation in this part is without merit.

The Defendant appears to have committed the crime of attempted murder of this case in a state of alcohol.

The injury suffered by the victim E due to the crime of attempted murder of this case is not severe, and the amount of damage caused by the embezzlement of this case and the crime of fraud of this case is not much significant.

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