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(영문) 광주고등법원 (제주) 2016.01.13 2015노98
살인등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant committed each of the above crimes under the condition of physical and mental loss or mental weakness by drinking alcohol with respect to the crime of interference with and murder of mental and physical disorder.

B. The sentence of the lower court (20 years of imprisonment, No. 3 and No. 4) that is unfair in sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mental and physical disorder, the Defendant was deemed to have been in a state of drinking alcohol at the time of committing the instant crime, but in light of various circumstances such as the background, means, methods, and the Defendant’s act before and after committing the instant crime, the Defendant had no or weak ability to discern things due to drinking alcohol at the time of committing the instant crime.

shall not be determined.

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

B. The circumstances favorable to the defendant are that the defendant recognized the crime of this case to a certain extent, and the defendant seems to lead a social life with good faith so far.

On the other hand, murder is a serious crime in which the life of a person, who is a valuable value that cannot be altered in this world, and the result is frightless without any further result, and a serious criminal who is unable to recover in any way, and a defendant made efforts to protect the families and to what extent the defendant suffered from a heavy combustibility with the victim who is the wife.

Although this reason is changing, it seems that this reason is due to the continuous drinking and violence of the defendant, and the defendant prepared a knife, which is a deadly weapon for the purpose of committing the crime in advance, and found it in the management office of the victim operated by the victim, and caused the death of the victim at 7 times in the knife.

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