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(영문) 서울고등법원 2017.01.24 2016노3301

살인등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The Defendant was physically and mentally weak due to the editing illness at the time of committing the instant crime.

The punishment sentenced by the court below against the defendant is too unreasonable.

The sentence imposed by the court below against the defendant is too uneasible and unfair.

Judgment

As to the Defendant’s assertion of mental and physical weakness, the lower court rejected the Defendant’s assertion on the same argument as the grounds for appeal in detail on the 4-5th of the judgment. In other words, according to the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, the lower court: (a) according to the report on the result of the psychological interview and analysis conducted by the Seoul National Police Agency, Defendant was deemed to have committed a crime by mental and physical weakness in the course of the interview; and (b) according to the first criminal record of the crime that was found to have been committed in the course of the interview, the first criminal record of the crime that was found to have been committed in the course of the interview was deemed to have been committed as having been frightened; (c) contrary to the above robbery case, the first instance court stated to the effect that the Defendant was frightened by himself from the beginning to having committed the crime in question (Evidence No. 1,093), and (d) the Defendant, prior to the instant crime, did not appear to have been in charge of the Defendant’s mental health clinic at the time of 2.

In addition to the fact that there is a statement (the 698th page of the evidence record), the additional treatment procedures, other than the drugs, could not be achieved (the 450th page of the evidence record), and the above time and time adjacent to the crime, the defendant seems to have not serious enough for the defendant's editing symptoms.