(영문) 서울고등법원 2013.11.01 2013노2681 | 리걸엔진

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(영문) 서울고등법원 2013.11.01 2013노2681

살인미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Seized Masan-knives (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

B. The sentence of unfair sentencing (the defendant, the prosecutor) by the court below is too unreasonable.

(b)the above sentence is too unfeasible to the defendant.

(Public Prosecutor) 2. Determination

A. According to the evidence duly admitted and examined by the court below as to the claim of mental disability, it is recognized that the defendant had drinking prior to the crime of this case.

However, in full view of the circumstances leading to the instant crime including the fact that the Defendant planned the commission of the crime and carried 12 cm in the house with a knife-knife-knife-kife-kife-kife-kife-kife-kife-kife-kife-kife-kife-kife-kife-kife-kife-kife-kife-kife-kacks, the Defendant was waiting for the victim to go, the means and method of the crime, the Defendant’s behavior before and after the crime, and the circumstances after the crime, it does not seem that the Defendant had the ability to discern things

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

B. As to the assertion on unfair sentencing, the crime of this case was committed by the defendant, solely on the ground that the defendant is a woman who is the victim's own Do and rights, and prepared a deadly weapon in advance, and attempted to murder the victim on several occasions, such as ear, son, and chest part of the victim who was waiting before the D's house, but the victim knife and knife the victim knife, and attempted to do so. The crime was planned to commit the crime, and the crime was committed toward the minor part of the victim's life that could have a fatal impact on the victim's life. At the time of committing the crime, the victim did not perform any aggressive act against the defendant.

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