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(영문) 부산고등법원 (창원) 2019.05.22 2019노89
살인미수등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for three years.

A seized knife (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Since the Defendant, after receiving collective assault from the victims, knife knife knife and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif

B. At the time of committing the instant crime with mental disorder, the Defendant was in the state of taking the drugs prescribed by the mental department, and was in the state of mental disorder or mental disorder.

C. The sentence imposed by the court below on the defendant (three years and six months of imprisonment) is too unreasonable.

2. Determination

A. The defendant alleged the same purport as the reasons for appeal in this part of the judgment of the court below, and the court below rejected the above argument in detail with the decision on the defendant's argument in the fourth through sixth of the judgment. Examining the above judgment of the court below in comparison with the evidence legitimately adopted and examined, the above judgment is just and acceptable, and there is no error of law of mistake of facts, such as the defendant's assertion.

Therefore, the defendant's assertion of mistake is without merit.

B. According to the evidence duly admitted and examined by the lower court as to the assertion of mental disorder, it is recognized that the Defendant was under the influence of alcohol prior to the crime of this case, and was under the influence of alcohol at the time of the crime of this case, but in full view of the background, means and methods of the crime of this case, and the circumstances after the crime of this case, it is not deemed that the Defendant did not have the ability to discern things or make decisions due to drugs or alcohol at the time of the crime of this case.

Therefore, the defendant's mental disorder is also justified.

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