주취살인에 대한 법원의 양형 동향 분석

Abstract

The purpose of this study is to derive implications after analyzing trends related to the courts’ decision on mental disorder defense and the consideration of intoxication in sentencing in homicide under intoxication cases. In order to achieve this goal, the first trial judgments sentenced over the past two years in Korea were collected as subjects of analysis. The results of this study can be summarized as follows. First, in the case of homicide under intoxication, the attack on acquaintances, the manslaughter, and the use of weapons were found to be far more common than the attack on strangers, the murder, and the non-use of weapons. In addition, there were many cases of unmotivated murder while intoxicated. Second, except for one case, the rest of the mental disorder defenses were rejected, and one case in which a minor mental disorder was accepted was not commuted. The main reasons for rejection were prediction and preparation of crime in advance, a clear mental state at the time of the crime, an attempt to conceal evidences, and the memory of the circumstances of the crime. Third, in most cases that reflected the defendants’ intoxication as the sentencing factors, intoxication was considered in favor of sentencing. Furthermore, courts suspended prison sentence in more than half of these cases. This trial practice does not meet the purpose of the sentencing committee’s sentencing criteria, which recommends that alcoholic intoxication should not be reflected as a sentencing factor.