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(영문) 서울고등법원 2014.05.09 2014노702
살인미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental disability.

B. Both parties asserts that, with respect to the punishment imposed by the court below (five years of imprisonment), the defendant is too unlimited and unfair, and the prosecutor argues that the defendant is too uneasible and unfair.

2. Determination

A. According to the record as to the claim of mental retardation, even though the defendant was in a state of drinking alcohol at the time of the crime of this case, in light of the motive and background of the crime of this case, the means and method of the crime of this case, and the circumstances after the crime, etc., it does not seem that the defendant had the ability to discern things or make decisions due to drinking at the time of the crime of this case, and therefore, the above assertion by the defendant

(On the other hand, the judgment of the court below omitted the judgment on the defendant's assertion that he was in a state of mental disability at the time of committing the crime in this case. However, as long as the defendant's assertion of mental disability cannot be recognized, it cannot be viewed that the violation of law due to omission of judgment has influenced the judgment of the court below. Thus, the judgment of the court below

As to the assertion of unfair sentencing, the Defendant recognized all of the instant crimes and reflects on each of the instant crimes, and the Defendant tried to faithfully take into account such cases as growing difficult to divorce by parents at the time of the Defendant’s operation, passing the high admission and the official approval notice, etc., and the Defendant’s future life with the mental therapy, etc. is hardening to live by treating the Defendant in the future.

However, each of the crimes of this case is causing injury to female-friendly job offers victims E, and is further threatening the victim F's mother, who is the victim's mother, to the end, thereby threatening the above victims to life.

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