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(영문) 부산고등법원 2014.10.16 2014노533
살인미수
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was under a state of mental disability under the influence of alcohol at the time of each of the instant crimes. 2) In light of the various sentencing conditions of the instant case on unreasonable sentencing, the sentence imposed by the lower court (five years of imprisonment, and three years of short term) is too unreasonable.

B. In light of the various sentencing conditions in the instant case by the Prosecutor, the above sentence imposed by the lower court is too uneasible and unfair.

2. Determination

A. Prior to the judgment on the grounds for appeal by the Defendant and the prosecutor, the Defendant was ex officio examined, and the Defendant was AE students at the time of the judgment of the court below, but it is apparent that he was 19 years old at the time of the judgment of the court below, so the judgment of the court below which sentenced the Defendant’s non-guilty sentence against the Defendant was no longer maintained.

However, even if there are the above reasons for ex officio destruction, the defendant's assertion of mental disability is still subject to adjudication, so it is changed to this.

B. In light of various circumstances, such as the circumstance and method of each of the crimes in this case acknowledged by the evidence duly adopted and examined by the court below as to the defendant's mental suffering claim, the statement made by the defendant to the victims at the time of each of the crimes, the behavior committed by the defendant before and after the crime, and the defendant's statement to the extent of memory of each of the crimes in this case, it is recognized that the defendant was in a somewhat drunk state at the time of each of the crimes in this case, but it does not seem that the defendant had the weak ability to discern things or make decisions, and therefore, the court below's rejection of the defendant's mental suffering claim for mental suffering

Therefore, the defendant's argument of mental disability is without merit.

3. Thus, the court below's decision is justified as the above reasons for ex officio reversal.

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