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(영문) 광주고등법원 (전주) 2014.10.07 2014노132
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Under the influence of alcohol at the time of the instant crime, the Defendant was in a state with weak capacity to discern things or make decisions.

B. The lower court’s sentence of unreasonable sentencing (12 years of imprisonment) is too unreasonable.

2. Determination

A. 1) The court below's determination on mental and physical disability is justified in light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., although the defendant was found to have drinking alcohol at the time of the crime of this case, in light of the fact that the defendant recovered CCTV to destroy evidence after the crime of this case and left the sea, and that the defendant is memorying about the crime of this case, it does not seem that the defendant had the ability to discern things or make decisions due to drinking. 2) In light of the evidence duly adopted and examined by the court's determination, the court below's determination rejecting the defendant's claim on mental and physical disability can be justified. In particular, the court below's determination that rejected the defendant's claim on mental and physical disability is justified, i.e., (i) the crime of this case was committed by the defendant, who tried to sleep by using the computer cable, and (ii) the victim's intending to do so continuously from the front to the X, and then it was hard to see the victim's body's body and pressure.

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