logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2013.06.25 2013노19
살인
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for ten years.

knife, seized knife.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) erred by misapprehending the legal principles, or the Defendant was in a state of mental and physical disability by drinking alcohol at the time of the instant crime. 2) The lower court’s sentence of unfair sentencing (12 years of imprisonment) is too unreasonable.

B. Prosecutor 1) The lower court’s sentence of unfair sentencing (12 years of imprisonment) is too unfeasible and unfair. 2) The Defendant had the past force of working as an organization of “Nam wave”, which is a past violent organization; the Defendant has served one time a fine, two times a suspended sentence of imprisonment, one time a sentence of imprisonment, and three years a special robbery due to a violation of the Punishment of Violences, etc. Act; the Defendant prepared to commit the crime, such as saving knife a knife into tape and knife a knife on the ground that knife the Defendant had knife a knife from the victim; the Defendant continued to display knife a knife despite the victim’s speech; according to the record of the request report of the probation office, according to the Defendant’s risk of recidivism, the lower court’s dismissal of the Defendant’s request for murder by taking account of the following factors:

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's claim of mental disability of the defendant 1, the defendant is recognized as having drinking alcohol at the time of the crime of this case, but the defendant specifically stated the dialogue between the victim immediately before the crime of this case and the prosecutor's office, the appraisal and the motive leading to the crime committed by the defendant at the time, and the body and the frequency of the victim in the knife are not memory. However, the defendant is knife with a knife.

arrow