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(영문) 서울고등법원 (춘천) 2015.07.15 2015노17

살인

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for fifteen years.

A certificate (No. 1), excessive one certificate of seizure.

Reasons

Summary of Grounds for Appeal

Defendant

A state of mental disability at the time of the crime of this case.

The sentence of imprisonment (20 years of imprisonment) by the lower court on the grounds of unfair sentencing is excessively unreasonable.

The sentence imposed by the court below on the public prosecutor is too unhued and unreasonable.

Judgment

According to the records of this case's determination as to the claim of mental disability, although there is a possibility that a doctor who made a mental appraisal against the defendant may feel excessive tensions or temporary fear at the time of the crime of this case, the defendant was aware that there was no special mental symptoms, the defendant planned the crime of this case, such as the preparation of deadly weapons, etc. in advance, and in light of the various circumstances indicated in the records, such as the circumstance of the crime, the defendant's act before and after the crime, etc., it cannot be deemed that he/she had committed a state where he/she had the weak ability to distinguish things and make decisions.

The defendant's above assertion is not accepted.

The criminal act is planned and several methods are harsh, including preparing a criminal tool for the judgment on the assertion of unfair sentencing, calling the victim for the crime by suggesting the crime in advance, and taking advantage of the fact that the defendant's past sexual relation, which might cause the failure of family, was committed by the victim at his/her family at the same time, and the defendant's family members at the same time receive 10,20,000 won from his/her family. As a result, the criminal act is likely to be committed, which helps the victim who is his/her familiarity, to save himself/herself, but the act was committed from the beginning of the investigation, but there is a possibility that the criminal act would be led to the defect that the victim who was ordinary incombustible would have caused the failure of family, and there are some factors to be taken into account in the course of the criminal act in this case. There is no history of criminal punishment until now, and the victim's bereaved family members at the latest after her family at the trial would not want the criminal punishment of the defendant, and other facts that he/she did not want it.