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(영문) 대구고등법원 2015.05.07 2014노559
존속살해미수
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The Defendant was suffering from a flat depression, surface disorder, and alcohol dependence disorder at the time of the instant crime, but was under the influence of alcohol at the time of the instant crime, and was in the state of mental and physical disability by drinking breath in the wind, when the instant crime was committed.

B. The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the claim of mental disability, the defendant was suffering from depression, WIG disorder, and alcohol addiction from around 2009, and the defendant was deemed to have performed drinking at the time of the crime, but was deemed to have been in a state of drinking, and the background, means, and methods of the crime of this case, the circumstances after the crime was duly adopted and investigated by the court below, in particular, the defendant stated at the police that he did not have been imprisoned about about 100 cc of beer and beer disease at the time of the crime of this case, but the amount thereof does not exceed the usual amount (Evidence record 29). In light of the situation and process at the time of the crime of this case and the fact that the defendant stated in a relatively detailed manner at the investigative agency, it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime of this case. Therefore, this part of the defendant's assertion is without merit.

B. As to the assertion on unreasonable sentencing, the Defendant had provided the victim with a long-term nursing care for the mother who was used as cerebral blood, even though she had frequently expressed a desire, sacrine, or sexual assault from the victim from the time of birth.

The crime of this case seems to have been committed by the defendant while drinking alcohol in line with the victim's cream.

The Defendant had no record of criminal punishment before committing the instant crime, and voluntarily surrendered to the investigative agency immediately after committing the instant crime.

The bereaved family members of the victim are prior to the defendant.

These circumstances are favorable to the defendant.

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