(영문) 대전고등법원 2017.01.13 2016노356 | 리걸엔진

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(영문) 대전고등법원 2017.01.13 2016노356

살인

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The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for 16 years.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the requester for an order to attach an electronic device (hereinafter “Defendant”) were in a state of mental disorder having weak capacity to discern things or make decisions under the influence of alcohol at the time of committing the instant crime.

2) The sentence of the lower court’s improper sentencing (10 years of imprisonment) is too heavy.

B. Prosecutor’s improper sentencing: The lower court’s sentence is too minor.

2. Judgment on the grounds for appeal

A. According to the record as to the Defendant’s mental and physical assertion, it can be acknowledged that the Defendant was in a drunken state immediately before preventing the instant crime.

However, in full view of the circumstances and methods leading up to the Defendant’s committing the instant crime, the circumstances following the commission of the crime, the details and attitude of the Defendant’s statement at an investigative agency, and the Defendant’s behavior, etc. revealed in CCTV-related crimes, the Defendant cannot be deemed to have been in a state of mental and physical disorder having weak capacity or decision-making ability to reduce his criminal responsibility at the time of committing the instant crime.

Therefore, the decision of the court below rejecting the defendant's assertion that the defendant was in a state of mental disorder at the time of the crime of this case is just, and there are errors as

subsection (b) of this section.

Therefore, this part of the defendant's assertion is rejected.

B. We examine both of the arguments regarding the unfair sentencing of both parties.

First of all, in relation to the process of the occurrence of the instant case, the Defendant asserted that the victim was knife at the place where the victim was knife and knife, and that the knife was knife by cutting his knife and knife his knife.

1. However, in addition to the overall form of CCTV at the time of the commission of the crime taken into CCTV, the time taken by the victim up to 10 seconds (the defendant) when the defendant started to take a knife the victim by cutting the knife from the victim.

유사 판례

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