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(영문) 수원고등법원 2019.08.21 2019노35

살인

Text

All appeals filed against the accused and the prosecutor against the accused are dismissed.

An applicant for medical treatment and custody shall be subject to medical treatment and custody.

Reasons

[Case of Defendant case] The summary of the grounds for appeal by the lower court (20 years of imprisonment, confiscation) is too unreasonable.

The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

Judgment

The crime of this case is that the defendant murdered with a multi-purpose knife of the victim (n, 67 years old) who is a neighbor.

The defendant deprived of the victim's minor life.

Not only the Defendant planned the instant crime but also the Act on the Acceptance of Criminal Crimes.

Human life is a member of human dignity with dignity, which can not be altered in this world, and if it has been violated once, the damage can not be restored.

Therefore, it is necessary to strictly punish the defendant.

The victim seems to have suffered from extreme pain and fear by committing an attack through his or her behavior at a low level while he or she was at the same time.

The bereaved family members of the victim caused the instant crime have suffered serious mental pain up to now.

These circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognizes his mistake and reflects his wrongness.

The Defendant committed the instant crime under the circumstances where the normal judgment ability is insufficient due to the symptoms of the sternal disease.

The defendant has no history of criminal punishment heavier than imprisonment.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., and the sentencing guidelines presented by the Sentencing Committee of the Supreme Court (it is difficult to deem the Defendant to constitute “homicide of motive” in the sentencing guidelines, as the Defendant’s defense counsel asserted, even if the Defendant committed the instant crime in a state of mental and physical disability) as indicated in the records, such as the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the Defendant

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

The conclusion is.