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(영문) 서울고등법원 2014.03.20 2013노3433

살인등

Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for nine years.

The number of seized knife Nos. 1.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (12 years of imprisonment) imposed by the lower court on the accused and the requester for medical treatment and custody and the requester for attachment order (hereinafter “defendants”) is too unreasonable.

B. It is improper for the court below to dismiss the defendant's improper rejection of the request for an attachment order, despite the risk of recidivism.

2. Part of the Defendant case - The Defendant’s crime of this case against the Defendant’s assertion of unfair sentencing is one’s own child and murdered with knife the victim’s knife and the chest part of the chest, who is not capable of self-defense as her own child, and the Defendant needs to strictly punish the Defendant whose nature of the crime is very poor in light of the relevant criminal law or the anti-human character.

However, the defendant suffered from heavy depressions (at least 2 weeks of climatic disability symptoms which continue to exist by means of reduction of ability and ability to make decision on things, the defendant committed the crime in this case under the lack of ability and ability to change things, the fact that the defendant was the first offender, the fact that the defendant is against his own crime, the defendant's age, character and behavior, family environment, the growth of climatic sense and the decrease of climatic nature, and the fact that the situation that the situation that clibly increases clibly causes more than 2 weeks of clibly) by means of reduction of ability and operation, and the clibly clibly clibly clibly clibly clibly clibly clibly clibly, and the defendant committed the crime in this case under the lack of ability and ability to change things, the defendant committed the crime in this case under the circumstances that the defendant committed the crime in this case, the background leading to this case, the sentencing guidelines for the enactment of the Supreme Court / [2 years of murder punishment of murder.]