logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2013.07.24 2013노201
살인미수등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the crime, the Defendant was in a state of mental disability or mental disability.

B. The lower court’s sentencing (one year of imprisonment) is too unreasonable.

2. Determination

A. According to the records on the assertion of mental and physical disorder, it does not seem that the Defendant was under the influence of alcohol to discern things or to have lost the ability to make a decision, and thus, the Defendant’s allegation on this part is rejected, in view of the criminal process of each of the crimes of this case and the Defendant’s speech and behavior immediately after the crime, such as the fact that the Defendant was aware of the fact of drinking alcohol at the time of each of the crimes of this case, but that the Defendant clearly memorys and expresses the situation at the time of the crime, and immediately took measures

B. The Defendant’s judgment on the assertion of unfair sentencing is under a favorable condition to determine punishment, for instance, the following reasons: (a) the Defendant committed all crimes at the time of and in the truth-finding; (b) the breath of the age under the influence of alcohol is a crime of somewhat contingent and contingent act by appraising the victim’s speech; (c) the Defendant has agreed with the victim regarding the injury; (d) the Defendant voluntarily suspended the crime; and (e) reported the fact of the crime to the 112; and (e) the Defendant could have suffered a life by reporting the fact of the crime; (e) the Defendant has no record of criminal punishment exceeding a fine; and

However, in light of the motive and method of crime, such as deep learning of the victim's clothes by using kitchen knife, etc. for the minor reason that the defendant was neglected by the victim, the violence of the defendant has reached a serious degree. If the defendant's life was damaged, the victim suffered significant bodily injury as long as the life was in danger, and the age, character and behavior, intelligence and environment of the defendant, motive, means, consequence, and result of the crime.

arrow