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(영문) 서울고등법원 2016.06.03 2016노487
살인
Text

The prosecutor's appeal is dismissed.

A custody applicant shall be treated and custody at the request of a public prosecutor in the court.

Reasons

1. Determination on the defendant's case

A. The gist of the reasons for appeal: The sentence of the lower court’s unfair sentencing (13 years of imprisonment) is too unhutiled and unfair.

B. The judgment and the lower court, based on all of the following circumstances: (a) the Defendant and the person in charge of the medical care and custody (hereinafter “Defendant”) committed the murder of the elderly victim in a cruel manner; (b) the Defendant did not make any effort to recover damage; (c) the victim’s bereaved family members suffered a large mental pain due to the death of the victim; (b) the victim’s punishment was in favor of the Defendant; and (b) the Defendant did not have the ability to discern things or make decisions due to the physical personality disorder caused by cerebral damage; and (c) the Defendant did not have the ability to discern things due to the lack of ordinary family members and guardians; and (d) the Defendant was sentenced to imprisonment with prison labor for a period of 13 years.

The crime of this case is committed by murdering a neighbor who does not have any error without any obvious motive to kill the victim, and the nature of the crime is very poor, and the risk of recidivism due to the unstable mental condition of the defendant due to the lack of family members who are in mind of the defendant. However, the defendant has the favorable circumstances as stated by the court below, and the defendant has the duty of care and custody for the defendant as shown below according to the medical care and custody claim added in the court below. Thus, there is room for the future medical treatment and custody of the defendant.

I seem to appear.

In addition, considering all the sentencing factors indicated in the arguments in the instant case, such as the Defendant’s age, degree of social experience, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime, the lower court’s punishment against the Defendant is too uneasy and unreasonable.

The prosecutor's improper argument in sentencing is without merit.

If so, the prosecutor's appeal is.

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