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(영문) 광주고등법원 2016.08.18 2016노194

살인등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) were in a physical and mental state due to mental disorder, such as a bipolartic disorder, etc., and ② the sentence imposed on the Defendant by the original heart (a punishment of imprisonment with prison labor for 12 years, confiscation, location tracking device attachment order 10 years, and matters to be observed) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination on the defendant's case

A. In the lower court’s assertion of the Defendant’s mental and physical weakness, the Defendant alleged in this part that “the mental disorder at the time of committing the crime was in a state of mental or physical weakness or loss of mind and body,” and the lower court acknowledged the following circumstances along with the relevant legal principles under the title “determination on the Defendant and his defense counsel’s assertion” in the said judgment, and was in a state that the Defendant was unable to discern things or make decisions at the time of committing the instant crime

It is difficult to recognize

The above argument was rejected by decision.

In light of the evidence duly admitted and investigated by the court below, the above judgment of the court below is just and acceptable. Thus, this part of the defendant's assertion is without merit.

B. The crime of this case, which judged unfair sentencing by both parties, is the case of killing the victim with kitchen knife at the end of the minor dispute during which the defendant lives together with the victim who is a relative with the victim, and the crime of this case is highly poor in quality of crime, such as the method of killing a grave and cruel person without any result, and is likely to be socially and morally criticized.

In addition, it is difficult to measure the suffering of the victim who has seriously deprived of his or her precious life that cannot be altered.

In addition, the defendant has been punished by imprisonment with prison labor for several times due to violence, etc.