(영문) 서울고등법원 2014.03.13 2013노3925 | 리걸엔진

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Reasons

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자간(%)

(영문) 서울고등법원 2014.03.13 2013노3925

살인미수

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) at the time of committing a crime with mental disability, the Defendant was under the influence of alcohol and had weak ability to discern things or make decisions.

(2) The sentence sentenced by the lower court of unreasonable sentencing (four years of imprisonment) is too unreasonable.

B. The sentence imposed by the Prosecutor (four years of imprisonment) is too unfluent and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's mental suffering claim, the defendant may recognize the fact of drinking somewhat livers at the time of the crime of this case, but in light of various circumstances such as the situation, circumstance, and progress of the crime of this case, it is not deemed that the defendant had a weak ability to discern things or make decisions under the influence of alcohol at the time of the crime of this case.

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

B. As to the assertion of unfair sentencing by the Defendant and prosecutor, the Defendant had no criminal records, as well as minor criminal records, and the Defendant has prepared to kill the victim who is favorable to the Defendant, such as the Defendant’s fault against his own mistake, and the Defendant attempted to kill the victim in knife. As a result, the degree of injury inflicted on the victim is not less than that of the crime of this case as well. In light of the mental and physical shock inflicted upon the victim, the Defendant’s family members living together with the Defendant, including the victim, and the Defendant need to be isolated for a considerable period of time in addition to the unfavorable circumstances against the Defendant, such as age, character, character, intelligence and environment, motive, means and consequence of the crime, etc., the lower court’s punishment is not recognized to be unfair because it is too adequate and excessive or it is flick.

Therefore, this part of the defendant and prosecutor's assertion is without merit.

3. Conclusion, the defendant.

유사 판례

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