(영문) 서울고등법원 2014.12.11 2014노3006 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2014.12.11 2014노3006

살인등

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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. (1) At the time of the instant crime, the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) used the psychotropic spirit and medicine, and did not take the surface of the water, as well as even under the influence of alcohol, the Defendant and the person against whom the attachment order was requested (hereinafter referred to as the “Defendant”) was in a state of mental and physical disability.

Dor legal principles - Since the defendant who did not voluntarily surrenders to investigative agencies, the court below omitted self-regulation.

Secondly, the sentence imposed by the court below on the defendant (18 years of imprisonment) is too unreasonable.

B. (1) The sentence imposed by the lower court on the Defendant is too uneasible and unfair.

In light of the following: (a) the Defendant was sentenced to a suspended sentence of four months for committing a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers Violence, etc.) by the Seoul Northern District Court on July 3, 2014; (b) the Defendant committed each of the instant crimes on August 8, 201; (c) the cruelness of the instant murder; (d) the Defendant’s record of the assault was 14 times; and (e) the Defendant’s risk of recidivism was assessed as 18 points as a result of the application of the Korean evaluation of the risk of recidivism to the Defendant; and (e) the lower court’s dismissal of the Defendant’s request

2. Determination of the accused case

A. According to the evidence duly admitted and examined by the lower court as to the Defendant’s claim of mental disability, the Defendant was deemed to have provided drinking immediately before the crime of murder in this case, but in light of various circumstances, such as the background of each of the instant crimes, the means and method of the crime, and the Defendant’s behavior before and after the crime, the Defendant took medicines prescribed due to her influence on the day of the crime of assault in this case.

1.2.2 1.3 1.

참조조문

-특정범죄 가중처벌 등에 관한 법률

유사 판례

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