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(영문) 수원고등법원 2021.02.04 2020노506
존속살해
Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by 12 years of imprisonment.

The excessive one (No. 1) seized shall be the one.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant was in a state of mental and physical loss or mental weakness due to an intelligence disorder and a polar disorder at the time of committing the instant crime.

2) Inasmuch as the Defendant’s crime of this case was committed in a situation where the normal judgment was significantly lacking due to a long-term domestic violence or continuous physical or mental damage from the injured party, and an intelligence disorder and stimulative disorder, etc., the Defendant’s crime of this case constitutes “Class 1 (homicide)” under the sentencing guidelines, and the Defendant did not have a stimulious intention, but did not have a stimulative intention, the Defendant’s punishment of the lower court (a 16-year imprisonment, etc.) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence is too unhued and unreasonable.

2. In light of the following circumstances, which are the evidence duly admitted and investigated by the lower court, the Defendant had the ability to discern things or make decisions at the time of committing the instant crime, i.e., the Defendant prepared to commit the crime in advance and prepared to commit the crime. The Defendant’s attitude in the course of investigation and trial, the Defendant’s lack of care, etc. were treated due to disability such as lack of investigation and trial, but the treatment process and contents, etc., including, after April 2013, the Defendant was unable to receive special treatment due to relevant disabilities at the time of committing the crime.

Accordingly, this part of the Defendant’s assertion was rejected.

According to the reasoning of the court below, the court below duly admitted and examined the evidence and the mental appraisal of the medical care custody center submitted on January 18, 2021 to this court, "the defendant."

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