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(영문) 서울고등법원 2016.09.29 2016노2078
살인미수
Text

The defendants' appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the crime of this case by Defendant A (hereinafter “Defendant A”), Defendant A had no or weak ability to discern things or make decisions by drinking alcohol.

(2) The punishment sentenced by the lower court to Defendant A (a three-year imprisonment and confiscation) is too unreasonable.

B. Defendant B (hereinafter “Defendant B”)’s assertion that the lower court sentenced Defendant B to Defendant B (two years of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment of M and G as to the Defendant A’s mental disorder argument and the police’s statements, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, the Defendant A committed the instant crime in a planned manner, such as: (a) he/she returned to a dormitory upon the Defendant A’s assaulted from the Defendant B; (b) he/she was waiting for one hour in the front of the night house; and (c) Defendant A made a statement at the investigative agency specifically memory of the instant crime; (d) in light of the fact that the Defendant A made a statement at the investigative agency, he/she had no or weak ability to discern things or make decisions due to drinking at the time of the instant crime.

It does not appear.

Defendant

A’s assertion of mental disorder is without merit.

B. The lower court’s judgment on the Defendants’ wrongful assertion of sentencing: (a) considered the unfavorable circumstances against the Defendants, such as (i) the commission of each of the instant crimes in light of the very significant and significant aspects of each of the instant crimes in light of their face, method and circumstances, and (ii) the commission of each of the instant crimes, (iii) taking into account the fact that the Defendants suffered an unexpected injury, such as the complexity and pulverization of the inside and outside of the chest, and (iv) the commission of the Defendants in whole and in opposition to the commission of the crimes.

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