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(영문) 광주고등법원 2015.04.23 2015노86
살인등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (15 years of imprisonment) by the lower court is too unreasonable.

2. The circumstances are favorable to the defendant, such as the fact that the defendant led to the confession of all of the crimes of this case and reflects the mistake in depth, that the defendant committed the crime of this case in a state of mental disorder due to mental illness such as depression disorder, and the recurrence of the middle degree and Internet game disorder, etc., and that the defendant was unable to take care of normal home due to the poor family environment and failed to take care of it, and led to a life in the old age, leading to minor larceny, and that many victims of larceny were not punished against the defendant.

However, it is inevitable to impose severe punishment corresponding to the crime of infringing on human life. However, the fact that the defendant killeds the victimJ and takes the above victim's goods and takes the body of his/her body, which is more severe than the nature of the crime, and that the defendant does not have any effort to recover damage to the above victim's bereaved family members, is disadvantageous to the defendant.

Examining the above-mentioned circumstances such as the Defendant’s age, character and conduct, environment, the background of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unreasonable because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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