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(영문) 부산고등법원 2015.04.29 2014노751

살인등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In light of the fact that the Defendant, at the time of the instant crime, was in a state of mental and physical disability by causing “mal miles” and thus, the lower court did not recognize it. 2) In view of the fact that the Defendant, who led to the confession of the instant crime, was in contravention of the law, and was punished by a fine for an old time, etc., the lower court’s sentence is too unreasonable.

B. In light of the circumstances, the Defendant should be sentenced to death penalty in light of the following: (a) the Defendant: (b) murdered the two victims cruel under a fatal plan; (c) planned the destruction of evidence by his fluence; and (d) the motive for the commission of a crime to be punished through minor punishment; and (c) the Defendant’s opening is not visible.

2. Determination

A. According to the record as to the Defendant’s claim of mental disability, the record reveals that from around 2012, the Defendant received outpatient treatment several times from the “P Council” due to hurriosis, hepatitis, beer function disorder, response to serious stress, etc., together with Maduriosis, and was recommended by the doctor in charge on March 27, 2013 and November 29, 2013 (However, the Defendant seems to have not actually received mental and medical treatment) by the doctor in charge, and the Defendant stated to the effect that he was unable to memory what the motive of the instant crime was in the course of investigation, and the doctor Q of the Medical Treatment and Custody Center affiliated with the Medical Treatment and Custody Center stated to the effect that “the Defendant lost his memory from what time the Defendant was preserved, and that he was presumed to have lost nautical nautical miles from among the symptoms caused by the loss of his original personality, and that he was presumed to have impaired at the time of the instant investigation.”

However, the following circumstances, which are acknowledged by the evidence duly adopted and examined by the court below and the court below, are the investigation by the prosecution.