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(영문) 대전고등법원 2016.01.15 2015노577
살인미수
Text

The defendant's appeal is dismissed.

Reasons

Judgment on the Reasons for Appeal

A. The summary of the grounds for appeal 1) The Defendant, at the time of the instant crime, was in a state of mental and physical weakness at the time of the instant crime, to the extent that he lost the ability to determine drinking, while receiving continuous medical treatment due to livering, alcohol addiction, depression, etc., and committed the instant crime. Therefore, the Defendant was in a state of mental and physical weakness at the time of the instant crime.

2) Determination A) The Defendant asserted the same purport in the lower court.

The court below held that the defendant was aware that he had received hospital treatment by drinking alcohol addiction, shock disorder, depression, and inter-scopification at the time of committing the crime of this case, but on the other hand, although the defendant was aware of the situation before and after committing the crime of this case, he did not memory only at the time of committing the crime of this case (abscoponizing even the amount of drinking).

The Defendant, who is asserting that the Defendant is accurately memorying of the fact that he is excessive to D’s house, would be aggressive to the victim by taking the excessive knife on the basis of his memory at the time of committing the instant crime.

At the time, D, which was believed to have been bread by the defendant, was not a state of being bread while the defendant was bread.

In light of the fact that “the Defendant stated to the effect that” did not appear to have had or weak ability to discern things at the time of committing the instant crime, the lower court rejected the Defendant’s assertion on the ground that the instant facts alone were not enough to discern things at the time of the instant

B) Examining the reasoning of the lower judgment in comparison with the record, the lower court’s determination is justifiable. In so doing, as otherwise alleged in the grounds of appeal, the lower court erred by misapprehending the legal doctrine, or by exceeding the mental and physical disorder of the Defendant, and adversely affecting

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