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(영문) 대구고등법원 2018.05.17 2018노27
살인미수등
Text

All the judgment below is reversed.

A defendant shall be punished by imprisonment for 13 years.

With respect to the person against whom the attachment order is requested, for a period of twenty years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) had mental and physical illness, such as alcohol dependence, leulsis, etc., at the time of the instant crime, and the Defendant was in a state of lacking ability to discern or make decisions on the subject matter under the influence of the mental and physical therapy.

2) The 15-year imprisonment sentenced by the lower court to the Defendant is too unreasonable.

B. The sentence imposed by the prosecutor (unfair sentencing) by the lower court is too unfasible and unfair.

2. Determination

A. In the lower court’s determination on the Defendant’s mental and physical disorder, the Defendant argued to the effect that he was in a state of mental and physical weakness under the influence of alcohol at the time of the instant crime, and the lower court rejected the Defendant’s assertion that the Defendant’s mental and physical disorder did not change things or lack the ability to make a decision, considering the following circumstances as indicated in its holding, namely, the day before and on the day of the instant crime, which was before the Defendant returned to F Hospital, and the day of the instant crime, but a considerable time has elapsed since his return to hospital was recognized. The time of the instant crime was recognized, and the background and process leading up to the instant crime were relatively concrete; and the Defendant’s means and method of the crime, the Defendant’s behavior before and after the instant crime, and the circumstances after the crime were examined.

According to the evidence duly adopted and examined by the court below, the defendant had physical capabilities, such as alcohol dependence, depression, etc., and took a medicine to treat the above mental illness at the time of the crime of this case, and even though he was found to have been in a drinking condition on the day of the crime of this case, he was found to have been in a drinking condition on the day of the crime of this case, but on the other hand, the following circumstances acknowledged by the evidence mentioned above along with the above circumstances, i.e., the defendant her drinking alcohol prior to the crime of this case, and the day of the crime of this case

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