209No263 homicide

A person shall be appointed.

Defendant

In-depths

Attorney Lee Young-young (National Election)

Busan District Court Decision 2009Gohap36 Decided June 4, 2009

August 13, 2009

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles

Despite the absence of the intent to commit murder at the time of the instant crime, the lower court erred by misapprehending the legal doctrine on the intent to commit murder or by misapprehending the intent to commit murder in the crime of murder.

(b) An insane;

In spite of the fact that the Defendant was under the influence of alcohol at the time of committing the instant crime, the lower court, which recognized only the state of mental disability, was erroneous.

C. Unreasonable sentencing

The sentence (10 years of imprisonment) sentenced by the court below against the defendant is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts or misapprehension of legal principles

The court below recognized that the defendant had the intent of murdering at the time of the crime of this case by taking into account the type of deadly weapons used in the crime of this case, the body parts and frequency of the victim with a deadly weapon, the degree of the defendant's act with a deadly weapon, etc.

B. In light of the Defendant’s alcohol addiction symptoms, the Defendant’s speech and attitude at the time of committing the instant crime, the Defendant’s behavior and attitude at the time of committing the instant crime, and the degree of memory of the instant crime, etc., as determined by the lower court, it does not seem that the Defendant was in a state of lacking the ability to discern things or make decisions under the influence of alcohol at the time of committing the instant crime, and thus, it does not appear that the Defendant was in a state of loss of such ability. Accordingly, this part of the allegation is rejected.

C. In light of the fact that the Defendant committed the instant crime with respect to the assertion on unfair sentencing, the Defendant committed the instant crime in a dynamic state with weak decision-making capacity due to the following day: (a) in light of the fact that the Defendant was unable to take into account all the circumstances favorable to the Defendant, such as the fact that the Defendant’s knife and knife’s body part of the victim’s body were softened so far as possible at the end of the instant argument, and that the result is very serious and there is no reason to consider the motive; and (b) the victim’s wife was punished by the Defendant; (c) the Defendant appeared to have taken into account the fact that the Defendant committed the instant crime in a flife state with weak decision-making capacity due to the alcohol addiction in the ordinary city; (d) the Defendant’s flife and the Defendant’s flife wanted the Defendant’s wife, and thus, the Defendant’s flife appears to have rejected this part of the Defendant’s punishment.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Judge Full-time Constitution of judges -

Judges Lee Jae-deok - -

Judges - - - - - - –