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(영문) 부산고등법원 2018.01.10 2017노512
살인등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical loss or mental weakness by drinking alcohol.

B. The lower court’s sentence (20 years of imprisonment, confiscation) is too unreasonable in light of the following: (a) the confession of the Defendant’s crime and reflectiveness; (b) the commission of any contingent crime by drinking alcohol; and (c) the self-denunciation after the commission of the crime.

2) In light of the fact that there is a prosecutor, employee and customer with whom the victim has been knife at least 10 times in knife, the crime is inferior, the case is very serious, the victim did not agree with the victim, and the victim complained of a severe punishment against the defendant, the sentence of the court below is too unfeasible.

2. Determination

A. As to the Defendant’s mental and physical assertion, even though the Defendant was aware of the fact that he had drinking at the time of committing the crime, considering the motive, background and content of the crime in this case, the method of the crime, the circumstances before and after the crime, etc., the Defendant had no or weak ability to discern things or make decisions.

It is difficult to see, and there are no other materials to recognize it.

Defendant’s assertion is without merit.

B. As to the wrongful assertion of sentencing by the Defendant and the Prosecutor, the lower court determined the Defendant’s punishment by comprehensively taking account of the various circumstances as indicated in its reasoning.

The circumstances alleged by the Defendant and the Prosecutor were already considered in the sentencing process of the lower court.

There is no new change in circumstances that could change the original court's punishment in the trial.

Taking into comprehensive consideration all the sentencing conditions in Article 51 of the Criminal Act as shown in the hearing of the court below and the party concerned, and the scope of the recommended punishment according to the sentencing guidelines, the sentence of the court below is not unfairly heavy or easy, by exceeding the reasonable scope of its discretion.

All the arguments of the defendant and the prosecutor are without merit.

(c).

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