(영문) 대구고등법원 2020.09.17 2020노144 | 리걸엔진

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Reasons

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자간(%)

(영문) 대구고등법원 2020.09.17 2020노144

살인등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

Seized knife No. 1 (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the instant murder, the Defendant was in a state of lacking the ability to discern things or make decisions by drinking alcohol at the time of committing the instant murder. 2) The sentence sentenced by the lower court of unreasonable sentencing (15 years of imprisonment, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court on the claim of mental retardation, it cannot be deemed that the Defendant was in a state of lacking the ability to discern things or make decisions due to drinking, in full view of the content of the crime, the fact that the Defendant was drunk at the time of committing the crime of murder in this case, and the fact that the Defendant is relatively aware of the circumstances before and after the crime, and the process and method of the crime, and the Defendant’s specific activities before and after the crime.

The defendant's argument of mental disability is not accepted.

B. The instant crime on the assertion of unfair sentencing is deemed to have been committed by the Defendant, while staying in the Republic of Korea beyond the scope of the period of sojourn, arguing with the victim of the same nationality in a knife and murdered the victim’s body again by driving away from the victim. The knife and the nature of the crime and the circumstances are very heavy.

The victim seems to have reached the death due to the defendant's crime in severe fear and pain.

Murder cannot be used in any case for a crime that infringes upon the respect value of human life, and damage to the victim who has lost his/her life due to the crime of this case cannot be recovered in any way.

Such circumstances are disadvantageous to the defendant.

However, the Defendant recognized the facts of the instant crime as a substitute and divided the mistake in depth.

The defendant is in the taxi.

유사 판례

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-대전고등법원 2020.02.12 2019노490

-부산고등법원 2014.03.19 2013노554

-서울고등법원 2015.02.05 2014노3814