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(영문) 서울고등법원 2015.02.06 2014노3468
살인
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: ① the Defendant, at the time of committing the instant crime, was in a state of mental and physical disability by drinking more than a large amount of drinking, and ② the punishment of the Defendant sentenced by the lower court is too unreasonable.

2. Determination

A. According to the record as to the claim of mental retardation, it is recognized that the defendant was in a state of drinking a considerable amount of alcoholic beverage, such as fruit, beer, and beer, from the day immediately before the crime of this case to the day of the night.

However, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below: (a) the defendant reported text messages between C and the victim, and brought the blades under the kitchen kitchen to the ward and brought them to the ward, and (b) the defendant took them into custody; (c) the defendant took the victim’s house in the process; (d) made the victim gather the body, such as the will to confirm the contents of text messages openly, and the victim’s friendship; (d) the defendant reported the 119 and 112 immediately after the crime, and the police officer called out to the police officer stated that the defendant was relatively correct, and (d) the defendant also made a statement about the situation of the defendant before and after the crime, and the specific situation at the time of the crime since the investigation agency, and the defendant appeared to have committed a crime by drinking, and therefore, the defendant merely appears to have committed a defect in the ability to make a decision by drinking, and thus, did not change the defendant’s intent or make a statement.

B. As to the assertion on unfair sentencing, the Defendant’s mistake is divided in depth, and the Defendant misleads his wife and the victim’s text messages, and misunderstandings his wife and the victim’s text messages, and made an appraisal after drinking.

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