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(영문) 대전고등법원 2019.01.25 2018노492
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental disability due to depression and alcohol dependence at the time of committing each murder in this case.

Nevertheless, the court below rejected the defendant's claim of mental disability, which is unfair.

B. The sentencing of the judgment of the court below on unreasonable sentencing (the custody, confiscation, 6,00 won additionally collected, and the provisional payment order) is too unreasonable for the period of converting the imprisonment of three years and four months, the fine of three million won, and the 100,000 won into one day.

2. Determination:

A. The judgment of the court below as to the claim of mental disability can be acknowledged by the evidence duly adopted and investigated. In other words, the following circumstances are as follows: (i) the defendant had a mind to harm the victims to their dignity and mind; (ii) the defendant was in school with considerable planning at the time of committing the crime; (iii) the victim G was in a spirit that the victim G was unable to stop his act to prevent the defendant from tending the defendant; and (iv) the defendant seems not to drink a large amount of alcohol at the time of committing the crime; (v) the defendant inhaled the victim G before finding the victim G; and (v) the defendant was difficult to view that the defendant was free prior to committing the crime, such as revealing violent inclinations in the alcohol field; and (v) the defendant was in a state where the hospital was received due to alcohol dependence, etc.; and there was no mental or physical disorder or weak ability of the defendant at the time of committing the crime, even if the defendant did not have any mental or physical disorder at the time of committing each of the murder in this case; and thus, even if the defendant did not have any ability to change or predict the intention of the defendant at the crime.

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