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(영문) 대전고등법원 2017.09.29 2017노105

존속살해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

42,800 won shall be additionally collected from the defendant.

(e).

Reasons

1. The part of the defendant case

A. The summary of the grounds of appeal 1) Defendant (a) was physically and mentally deprived of his mental or physical loss, and the person who was in charge of the treatment and custody (hereinafter “Defendant”) was in a state of mental or physical loss that was unable to discern things or make decisions, due to the loss of mind and body, for the purpose of returning to LSD at the time of committing the crime of murder, murder, or interference with the performance of official duties.

B) The punishment sentenced by the lower court (four years of imprisonment) is too unreasonable.

2) The sentence imposed by the lower court by the prosecutor (unfair sentencing) is too unhued and unreasonable.

B. Determination 1) Murder (A) on August 11, 2016, the Defendant: (a) murdered; and (b) on August 12, 2016, the Defendant murdered the Defendant, from around the time to August 12, 2016, at the passenger room located in the Seo-gu, Daejeon, Seo-gu, Seo-gu, Seo-gu, Seo-gu, for a period of time, used two times by melting the species (lsD, Lysergic Acids diethylaides); (c) on the other hand, the Defendant was unable to discern things due to a sudden addiction, etc.; (d) on the other hand, died at the victim’s right knife, such as the victim’s knife and knife, and died at the victim’s right knife, and (e) died at the victim’s right knife, 3) on August 16, 2016.

B) In a state where the Defendant continued to lack the ability to discern things or make decisions, as seen above, the Defendant assaulted the Defendant, such as the defect that the slope K, who was called out after receiving a report under the above G apartment No. 1103 on August 21, 2016, attempted to arrest the Defendant, the parts of the clothes are taken once again, and the sloping K, who walk the bridge several times.