(영문) 부산고등법원 2017.11.01 2017노430 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2017.11.01 2017노430

살인미수

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state of mental and physical loss or mental weakness due to depression, etc.

B. The punishment sentenced by the lower court (five years of imprisonment) is too unreasonable.

2. Determination

A. According to the record as to the assertion of mental disorder, the Defendant was diagnosed at the Busan East Asia University Hospital on June 8, 2016, and was hospitalized until July 4, 2016, and was hospitalized at the hospital, and was hospitalized at the hospital, and received medical treatment even after the medical treatment. However, it is recognized that the Defendant was in a state where the Defendant was unable to discern things or make decisions due to the following factors: (a) the mental appraisal result of the Defendant at the lower court (it was determined that the Defendant did not have any problem with the recognition function, but there was no problem with the ability to discern things or make decisions due to the lack of practical judgment, etc.); (b) and (c) the motive, circumstance, means and method of the instant crime, the attitude and circumstance of the Defendant before and after the crime.

It is difficult to see it and there is no other evidence to recognize it.

Defendant’s assertion is without merit.

B. As to the wrongful assertion of sentencing, the Defendant is the primary offender and is against the mistake by recognizing the crime.

At the time of crime, the defendant was a minor of 18 years of age and was suffering from a certificate of depression.

In agreement with the victim, the injured person expresses his/her intention that he/she does not want the punishment of the defendant, and his/her family members, including the father of the defendant, and his/her family members and assistants want to have his/her wife against the defendant.

However, the Defendant planned to kill unspecified persons in order to solve one's depression and possessed a lag in advance, and then discovered the victim and tried to kill the victim at a long time.

The defendant's crime is likely to cause extreme threat to the victim.

유사 판례

-대전지방법원 2017.10.26 2017노2561

-대전지방법원 2017.12.21 2017노3174

-부산고등법원 2019.08.22 2019노246

-대구고등법원 2016.06.23 2016노64

-서울고등법원 2017.05.18 2017노532