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(영문) 서울고등법원 (춘천) 2015.08.12 2015노115
살인미수
Text

The defendant's appeal is dismissed.

Reasons

The gist of the defendant's grounds for appeal is that ① under the influence of alcohol at the time of committing the crime, ② the sentence of imprisonment (4 years of imprisonment) by the court below is excessively unreasonable.

According to the record, although it can be recognized that the defendant was under the influence of alcohol at the time of committing the crime, there are other various circumstances revealed in the record, in particular, there is a gap between the time of punishment and the time of the crime, and in view of the fact that there was a gap of one hour and 40/10 between the time of punishment and the time of the crime, and that the criminal act was committed by preparing a deadly weapon in advance and hiding the victim with a deadly weapon in advance, the decision-making ability was

It can not be seen that there has been a lack of or weak state.

In addition, considering the fact that the defendant is in a situation where he is a disabled person or a person with no accident, he was sentenced to a punishment for an injury, and has been sentenced four times or more due to violent crimes, the fact that he has not been sentenced to a fine, the fact that he did not take measures to recover damage, and that he could have been sentenced to a fatal result if he did not restrain the security personnel of the E Welfare Institute who observed the scene of the crime, the sentence of the court below is similar to the lower limit of the recommended sentence in the sentencing guidelines (one year or four months to ten years), and the sentence of the court below is similar to the lower limit of the recommended sentence in the sentencing guidelines (one year or four months to ten years), and other various sentencing conditions in the records, such as the defendant's age, character and behavior, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed that it is improper to avoid the reversal of the sentence imposed by the court below because the sentence imposed by the defendant is too excessive.

The defendant's appeal is dismissed on the grounds that one mother or reasons are not good.

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