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(영문) 부산고등법원 (창원) 2021.02.03 2020노160
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

The Defendant did not have any intention to murder with respect to the crime of attempted murder of this case as to the summary of the grounds for appeal.

The Defendant, at the time of committing the instant murder, was under the influence of alcohol by drinking a large amount of alcohol for a long time, and was in the state of mental and physical loss or mental weakness due to taking the spirit and medicine.

The punishment sentenced by the court below to the defendant (six years of imprisonment) is too unreasonable.

Judgment

The defendant alleged that he had no intention to commit murder in the lower court, and the lower court rejected the above assertion in detail on the 4 to 5th page of the judgment.

The judgment below

Examining the reasoning of the court below in light of the evidence duly admitted and investigated, the above judgment of the court below is just and acceptable, and there is an error of law by mistake as alleged by the defendant.

subsection (b) of this section.

Therefore, the defendant's assertion of facts is without merit.

The Defendant asserted that he was in a state of mental disorder at the time of committing the crime of attempted murder in this case, and the lower court rejected the above argument by providing detailed arguments on the above argument on the five to six sides of the judgment.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted and investigated, the lower court’s aforementioned determination is justifiable.

Therefore, the defendant's mental disorder is without merit.

The fact that the defendant recognized fraud and assault crimes among each of the crimes in this case among each of the crimes in this case, and the defendant was subject to industrial accident accident on December 2006 and received a long-term and long-term medical treatment and mental treatment, etc. are favorable to the defendant.

On the other hand, the crime of murder committed during each of the crimes in this case is subject to the original duties of the hospital by the defendant on the new wall.

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