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(영문) 부산고등법원 (창원) 2015.04.29 2015노91

살인

Text

Defendant

In addition, the appeal filed by a person subject to medical treatment and custody and a person subject to attachment order shall be dismissed.

Reasons

1. The sentence imposed by the lower court (one-twelve years of imprisonment) is too unreasonable.

2. Determination

A. Determination on the part of the Defendant case is recognized as a favorable sentencing factor, such as the following: (a) the Defendant and the person subject to medical treatment and custody application and the person subject to a request for attachment order (hereinafter “defendants”) have led to the instant crime; (b) although not judged to the degree of the heart loss, they committed the instant crime in a state of mental disorder caused by mental fissionation, etc., but it is difficult to deem that there is no room for edification or improvement because the Defendant was the initial offender and the Defendant

However, the crime of this case, which is recognized by evidence, evidence law and legal principles, is a case where a neighboring resident only sykes only one kind of life while leaving the way for the free living of the daily life, and such type of murder is highly likely to be subject to criticism in that there is no reason to consider the motive. The defendant kills the victim's head on several occasions, and the method of the crime was cruel; the victim's bereaved family members lose a precious family by committing the crime of this case; the victim's bereaved family members lose a syke, making it difficult for them to enjoy any mental shock that makes it difficult for them to enjoy a cleaning; and even among the general public, it might spread unstable that the victim might lose syke by others; the defendant's mistake is difficult to deem that there is no danger of recidivism; and thus, it is also recognized that there is an objective factor of sentencing or objective factor of sentencing, which is also acknowledged.

The aforementioned factors of sentencing and the Defendant’s age, character and conduct, intelligence and environment, motive and background leading to the instant crime, the means and consequence of the instant crime, various circumstances revealed in the arguments, including circumstances after the commission of the crime, the statutory penalty for the crime of murder (a death penalty, life imprisonment, or imprisonment for more than five years) and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (a period of five years to 16 years).