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(영문) 서울고등법원 2013.07.04 2013노52
현주건조물방화등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (a prison term of 14 years, confiscation) sentenced by the court below, the defendant is too unreasonable and unfair, and the prosecutor is too uneasible and unfair.

(1) As one of the reasons for unfair sentencing, the prosecutor of the court below asserts that the mitigation of mental and physical disability is unfair, and this part of the judgment also examines. 2. The crime of this case is deemed to have been committed by the defendant in front of 5 years of age from the defendant's own and the victim's knife with the victim's knife, and knife with the victim's knife, and the victim's knife entered the emergency room by avoiding it, and then entered the emergency room of the above hospital after drinking the drinking water in his knife, and then knife the victim's chest who was knife in his knife into the emergency room.

In addition, it seems that the physical suffering and mental fear of the victim was extremely serious in the process, and the mental suffering of the victim's bereaved family is likely to be difficult to reduce the victim's bereaved family due to the crime of this case.

Therefore, it is inevitable to punish the defendant with severe punishment corresponding to his act and result.

Meanwhile, according to the results of the mental appraisal of the defendant by the court below and the court of the party, the diagnosis name of the defendant is a severe depression with symptoms of mental disorder, and there is a mental disorder, such as depression, apprehensions, damage, damage net, related circumstances, refund, and impairment of real judgment power.

Although the Defendant had been married with the victim who was married in around 2005, the Defendant did not report the marriage and did not notify his/her family of the existence of his/her own and his/her husband and wife. In addition, it seems that the symptoms of mental disorder, such as fear that the victim might leave the victim and fear that the victim might harm himself/herself due to the decrease of the victim's traffic, and that the symptoms of mental disorder, such as depression and depression, continue to exist.

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