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(영문) 서울고등법원 2016.12.09 2016노3137

살인등

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is committed on a planned basis by: (a) the mother of the victims committed the crime of this case; (b) the Defendant, who is a great mother of the victims, was exempted from the water prepared in advance to the victim C; (c) murdered the victim's diving; (d) was exempted from the water prepared in advance to the victim D; (c) was taken to kill the victim, who is a smaller her mother; (d) was tryed to kill the victim of the victim; (e) was committed against the crime of this case; (e) was planned by preparing the victims for the exemption from drinking water; and (e) the Defendant attempted to murder the victim D again after the victim murdered, and then tried to kill the victim D; and (e) the Defendant committed the crime of this case, which is disadvantageous to the Defendant.

The fact that the defendant recognized the crime of this case and responded to his mistake, and that at the time of the crime of this case, the defendant was in a state of weak ability to discern things or make decisions due to depression and disorder of boundary character, etc. (it is difficult to view that the defendant was in a state of mental disorder as one of the grounds of unfair sentencing. However, according to the mental sentiment of the head of the National Mental Health Center of Korea, the defendant can be recognized that the defendant had a state of mental disorder, so the prosecutor's assertion is without merit). The defendant attempted to kill the victim D and then took the victim D to the hospital and received medical treatment. After the crime of this case, the defendant was present at the investigative agency after the crime of this case, and voluntarily surrenders the victim, the victim D did not want to be punished against the defendant, there is no history of criminal punishment against the defendant, and the defendant's family and the person wishing to leave his wife.

The age, character and conduct, environment, and environment of the defendant.