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(영문) 서울고등법원 (춘천) 2014.06.11 2013노232
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) did not have a knife a victim of mistake.

(2) When committing the instant crime, the Defendant was in a state of mental disorder or mental disability under the influence of alcohol.

(3) The lower court’s sentence of unreasonable sentencing (seven years of imprisonment) is too unreasonable.

B. (1) At the time of committing a misunderstanding of facts, the Defendant had the intention to murder.

(2) The lower court’s sentence of unreasonable sentencing is too unjustifiable and unreasonable.

2. Determination

A. In full view of the evidence duly admitted and examined by the court below as to the defendant's assertion of mistake of facts, the defendant can sufficiently recognize the fact that the defendant knife the victim as stated in the court below's decision, so the defendant's assertion contrary

B. According to the record as to the defendant's mental or physical disability claim, even though the defendant had drinking alcohol at the time of committing the crime, in light of the circumstances indicated in the record, such as the background of the crime and the actions before and after the crime, it is not deemed that he/she changed the remaining objects under the influence of alcohol, lost the ability to make a decision, or lost the ability to make a decision.

(A) According to the evidence duly adopted and examined by the court below, the defendant voluntarily reported the victim to 119 and made a statement to the victim specifically that the victim is dangerous. If the above circumstance is, it is difficult to affect the above judgment solely on the basis of the result of the mental appraisal). It is hard to see that the defendant made a statement to the victim as above.

C. Regarding the prosecutor's assertion of mistake

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