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(영문) 부산고등법원 2015.02.05 2014노768
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 under the influence of alcohol at the time of each of the instant crimes.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the sentence imposed by the lower court (one imprisonment with prison labor for four years, one seized net and one confiscated warrant) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below regarding the claim of mental disability, the defendant was suffering from the current alcohol use dependence disorder and the unknown paticy disorder, and the fact that he was in a certain state of drinking at the time of each of the crimes of this case is acknowledged. However, in light of various circumstances, such as the motive of each of the crimes of this case, the background and mode of the crime, the conduct of the defendant before and after the crime, the existence and degree of memory of the defendant's act before and after the crime, the investigation and the attitude in the trial, etc., it is not deemed that the defendant had weak ability to distinguish things or make decisions at the time of each of the crimes of this case.

Therefore, the defendant's argument of mental disability is without merit.

B. Examining the various sentencing conditions in the instant case on the assertion of unfair sentencing, the following facts are favorable to the Defendant: (a) the Defendant appears to reflect in depth on both the facts themselves of each of the instant crimes; (b) the murder crime was attempted even in multiple ways; (c) G and deadly weapons carrying property damage; (d) structure intrusion; and (e) agreement with E, the victim of the attempted murder; and (c) the Defendant suffers from the chronic disorder of current alcohol use dependence after the dependence on alcohol use; and (d) each of the instant crimes appears to have committed contingently after drinking.

However, before committing the instant crime, the Defendant has been already punished five times (one time of suspended sentence of imprisonment and four times of fine) or more for the same violent crime, such as violation of the Punishment of Violences, etc. Act, and in particular, it has been punished.

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