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Defendant
All appeals by prosecutors are dismissed.
Reasons
The summary of the grounds for appeal: The accused has committed the instant crime in a state of mental and physical weakness under the influence of alcohol.
2) In light of the circumstances such as the fact that the criminal defendant unjustly committed the instant crime, committed the instant crime under the extreme desire to have the victim feel a sense of frighting from the victim in the state of paralysis, and the Defendant’s instant crime is an dynamic and contingent crime rather than a planned crime, the sentence (25 years of imprisonment) sentenced by the lower court is too unreasonable.
In light of the circumstances such as the preparation of a knife k for committing the instant crime and the planning of the instant crime for the victim’s unilaterally good care for another man, the Defendant’s father and wife in the course of committing the instant crime by notifying the victim’s father and descendant to the degree of harm to the victim’s father and wife, the victim’s bereaved family members demand a strict punishment against the Defendant, the Defendant’s records of violent crime over five times, and the Defendant’s death, etc., the Defendant’s punishment (25 years of imprisonment) sentenced by the lower court is too uneasible.
Judgment
As to the Defendant’s argument on mental and physical weakness, the lower court also asserted mental and physical weakness identical to the grounds for appeal, and based on evidence duly admitted and investigated by the lower court, the lower court acknowledged that the Defendant was able to drink the amount of 15 minutes per week per annum prior to the instant crime, but (i) the Defendant was in possession of a knife prepared in advance and agreed to talk with the victim, and (ii) the Defendant did so immediately before the commitment hour; and (iii) the witness H did not take the Defendant’s knife the knife of the knife.
“The testimony was made to the effect that it was “,” and ③ the witness J, at the time of the restraint of the suspect.