(영문) 부산고등법원 2017.01.18 2016노702 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2017.01.18 2016노702

살인등

Text

Defendant

In addition, all appeals filed by the respondent for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the person who requested the attachment order (hereinafter “Defendant”) were physically and mentally weak Defendant and the person who requested the attachment order (hereinafter “Defendant”) had the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime.

2) The sentence of the lower court’s unfair sentencing (a life imprisonment, etc.) is too unreasonable.

B. The sentence imposed by the Prosecutor is too unhued and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the Defendant’s mental and physical weakness, it is not deemed that the Defendant had the ability to discern things or make decisions due to drinking at the time of the instant crime, in light of various circumstances, including the circumstance leading up to the instant crime, the method and mode of the crime, the Defendant’s behavior at the time of and after the instant crime, and the Defendant stated in a relatively detailed memory of his behavior before and after the instant crime.

Therefore, this part of the defendant's argument is without merit.

B. As to the unjust assertion of sentencing by the Defendant and the prosecutor, the Defendant’s mistake is divided, the Defendant lost his parent in his old age and grow up in an unsound environment, and the Defendant’s old age is considered for the Defendant.

However, the crime of this case is likely to repeatedly infringe on the life of a person who is the dignity of the defendant, and the nature of the crime is extremely bad in light of its anti-humanity performance and cruelness. The defendant committed murder in 2008, and the defendant was sentenced to imprisonment for seven years since the above circumstances were taken into account by the court at the time, and the period of repeated crime for which one year has passed.

유사 판례

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