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(영문) 부산고등법원 2015.05.07 2014노935
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Reasons

1. Summary of grounds for appeal;

A. Since five years ago, the Defendant was a patient suffering from mental and medical treatment due to symptoms such as anxiety, depression, etc., and the Defendant was in a state of mental and physical disability at the time of the instant crime due to the complex action to the extent of drinking on the day of the instant case.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence imposed by the lower court (eight years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendant was diagnosed as "unclaimed, friendly, and personality disorder" on August 4, 2014. The diagnosis of the defendant stated that "the defendant is a patient under medical treatment due to symptoms, such as impregnite, sal, depression, damage accident, aggressiveness, and interest gap, etc., and the patient under constant medical treatment for at least six months in the future." However, the fact that the defendant was in the state of drinking at the time of the crime of this case is recognized. However, in light of the circumstance leading up to the crime of this case, the defendant carried a knife carrying with him as a means of the crime of this case, the defendant's attitude of the crime of this case, and the conditions before and after the crime of this case, etc., it does not seem that the defendant had the ability to discern or make decisions on the things at the time of the crime of this case.

The court below's rejection of the defendant's mental disorder for the same reason is just and there is no error of misunderstanding of facts or misunderstanding of legal principles as to mental disability.

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

B. Examining the various sentencing conditions of the instant case on the assertion of unfair sentencing, the Defendant had the record of having been punished four times or more for the same kind of crime prior to the instant case, and also at the Busan District Court on December 14, 2012.

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