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(영문) 광주고등법원 2014.06.19 2014노114
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for twenty-five years.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of committing the instant crime, the Defendant was in a state of lacking ability to properly distinguish things or make decisions due to depression, etc. (2) The lower court’s sentence of unreasonable sentencing (15 years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the defendant's mental suffering claim, the defendant is deemed to have been under medical treatment due to depression, etc. at the time of the crime of this case, but in light of the following circumstances acknowledged by the above evidence, the defendant cannot be deemed to have reached a state where the defendant's ability to discern things or make decisions due to the above circumstances before the crime of this case was committed, and the above argument

1) Before committing the instant crime, the Defendant used a siren in place of his driver’s car to find the victim’s friendship, and was in possession of the victim’s gambling car in advance. At the time of the police investigation, J, the bereaved family member, “I listen to the speech that “I would like to get off the Defendant at the time of her death, I would like to get off the Defendant at the time of her death. I would like to say that I would like to see that I would like to get off the Defendant at the house where the Defendant was living together, and that I would like to get off the Defendant at the house where I would like to die in knife, and that I would like to do so if I would like to die in knife, I would like to knife the Defendant’s house, and that I would like to have knife the knife and other dangerous things such as the knife and knife, I would like to kill the Defendant’s own knife.”

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