(영문) 서울고등법원 2015.01.08 2014노3085 | 리걸엔진

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(영문) 서울고등법원 2015.01.08 2014노3085

살인미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

However, for a period of four years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In spite of the misunderstanding of facts, the defendant under the influence of alcohol or has committed the crime of this case in a state of mental disability due to mental illness, the court below rejected the defendant's claim of mental disability. The court below erred in the misapprehension of facts, which affected the judgment.

B. The sentence of the lower court on the Defendant’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. Although the judgment of the court below also asserted the same purport, the court below rejected the defendant's assertion in light of the defendant's circumstances before and after the crime.

According to the evidence duly examined and adopted by the court below and the court below, the defendant had dice a little amount of alcohol at the time of the crime of this case, and the same year from May 26, 2014, which was after the crime of this case.

6.2. The fact that the defendant was hospitalized in G Hospital with a certificate of alcohol existence is acknowledged to have received medical treatment, but the defendant has no mental and therapeutic record prior to the crime of this case, and the situation up to the day immediately before the crime of this case is relatively accurately memoryed and stated. In light of the background of the crime of this case, the method and contents thereof, the statement made by the defendant at the time of the crime of this case, the defendant's behavior before and after the crime of this case, etc., it cannot be deemed that the defendant was under the influence of alcohol at the time of the crime of this case, or lacks the ability to discern things or make decisions due to mental disorder, and the judgment of the court below is just and the defendant's mental

B. The instant crime of determining unfair sentencing is an attempted case where the Defendant, while drinking with the victim, tried to kill the victim on several occasions by the kitchen knife with the victim’s head, face, boom, etc., and attempted to kill the victim.

유사 판례

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