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(영문) 서울고등법원 2013.07.26 2013노1854

살인

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant (unfair punishment) reflects his mistake and that the crime of this case occurred by contingency, the sentence of the court below (10 years of imprisonment) is too unreasonable.

B. In light of the fact that this case was planned as murder by intention, the sentence of the lower court is too uneased and unreasonable.

2. The judgment below held that the crime of this case appears to have been committed in a timely fashion under dolusive intention as shown in the facts constituting the crime of this case in the judgment below, the defendant was hospitalized at a mental hospital three times from September 4, 201 to November 24, 2012 and received treatment for alcohol addiction, and the defendant was sentenced to a suspended sentence of one year for a violation of the Punishment of Violence, etc. Act, one-year imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act on November 18, 1981; the crime of this case is favorable to the defendant; the crime of this case is committed in a mental hospital for treatment of alcohol addiction; the defendant, who had a strong refusal to hospitalize himself as a mental hospital; the defendant's family life, which is the most valuable value of human life; the defendant's family life and body was seriously affected by the defendant's suicide and mental harm; the defendant's motive and mental harm from the crime of this case; and the defendant's family life and mental harm from this point.