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(영문) 부산고등법원 (창원) 2020.07.22 2020노9
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state of mental disability.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court regarding the claim of mental retardation, the fact that the Defendant was in a drunken state at the time of the instant crime is acknowledged. However, in light of various circumstances, such as the process and process of the instant crime, the Defendant’s act before and after the instant crime, and the existence and degree of memory as to the situation before and after the instant crime, it is not deemed that the Defendant had weak ability to discern things or make decisions at the time of the instant crime.

Therefore, the defendant's argument of mental disability is without merit.

B. In light of the fact that the Defendant murdered the victims who are neighboring residents in a knife on several occasions, and the nature of the crime is very bad in light of the method and result of the crime, the victims have faced serious fear and pain due to the Defendant’s cruel attack, and the victims’ bereaved family members due to the instant crime are suffering from serious mental pain, etc., the Defendant needs to bear a heavy responsibility.

On the other hand, there are favorable circumstances for the defendant, such as the fact that the defendant recognizes his mistake and reflects his mistake, and that the defendant has no history of criminal punishment exceeding the suspended sentence.

After killing a victim B, the Defendant reported the fact of the crime by phone calls around 17:54 on August 6, 2019 and reporting the fact of the crime to 112 on the same day after killing C, and then called at around 18:29 on the same day after killing C. However, even after reporting the fact of killing B by phone calls at 112, the Defendant murdered C, and the Defendant left the scene of the crime on the same day after leaving the scene of the crime on the same day.

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