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(영문) 광주고등법원 (제주) 2013.09.11 2013노46
살인
Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Part of the defendant's case

A. Summary of the grounds for appeal 1) Mental and physical disorder Defendant and the person to whom the attachment order is requested (hereinafter “Defendant”).

(2) The lower court’s sentence of unfair sentencing (12 years of imprisonment and 10 years of attachment order) is too vague and unfair, under the influence of alcohol at the time of the instant crime. The lower court’s sentence of unfair sentencing (12 years of imprisonment and 10 years of attachment order) is so unreasonable.

B. 1) According to the records of this case’s mental and physical disorder, even though the Defendant was aware that he had drinking alcohol at the time of the instant crime, considering the background, means, the Defendant’s behavior before and after the instant crime, and the fact that the Defendant made a statement in a concrete memory of the process of the crime, it does not seem that the Defendant lacks the ability to discern things or make decisions under the influence of alcohol at the time of the instant crime. Accordingly, this part of the assertion by the Defendant and the defense counsel is not accepted. 2) The fact that the Defendant committed the instant crime under the influence of alcohol and all of the relevant crimes are recognized are favorable to the Defendant.

However, the crime of this case is a matter of wages that is not significant amount, and the death of the victim's left upper part of knife with a knife, resulting in a harsh consequence of the defendant's murdering the victim's life who was deprived of the victim's right and dignity. The defendant has the record of committing murder under the same several laws before about 30 years, and there is no room for repeatedly misunderstanding the same mistake. The defendant did not compensate the victim's wife and the minor four children who suffered from extreme mental pain because he was lost daily invasion, and there is no compensation for any kind of punishment conditions as shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive, means and method of the crime, and circumstances after the crime.

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