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(영문) 서울고등법원 2018.10.10 2018노1865

살인등

Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (limited to 8 years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. In light of the circumstances favorable to the Defendant, the lower court determined the sentence against the Defendant in full view of the following: (a) the Defendant was in a state of mental and physical weakness due to net disorder, and appears to have left to the instant crime by contingently during the process of dispute with the victim; (b) the Defendant was aware of the Defendant’s criminal act; (c) the Defendant’s health conditions are not good due to the age of 84 years old; and (d) there was no record of criminal punishment; (c) on the other hand, the crime of murder is an offense of taking away human life, which is a valuable value that cannot be altered under this world; (d) the result is very serious; (e) the Defendant was seriously unable to recover damage by any means; (e) the Defendant went beyond the floor of the victim living in a de facto marital relationship for about 37 years; and (e) the victim died from serious damage to his face and head; and (e) the victim’s wife was punished for the Defendant.

In light of the fact that there is no special change in circumstances that can assess the sentencing conditions of the court below differently in the appellate court while favorable or unfavorable circumstances to the defendant, the sentencing of the court below cannot be deemed unfair because the sentencing of the court below is too large.

Therefore, the defendant's above assertion is without merit.

B. As long as the Defendant appealed on the Defendant’s case, the part of the medical care and custody case is deemed to have filed an appeal regarding the medical care and custody case pursuant to Article 14(2) of the Medical Care and Custody Act; however, the Defendant and his defense counsel did not assert any assertion as to the medical care and custody case in the appellate brief, and the lower court’s judgment ordering the medical care

Therefore, the defendant's objection.