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(영문) 대전고등법원 2013.12.04 2013노402
살인등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for ten years.

The judgment below

(2).

Reasons

1. The sentencing of the lower court (six years of imprisonment) is deemed to be too unhued and unfair.

2. It is recognized that the defendant's mental fission had a significant impact on the defendant's death of the victim and damage to the body of the victim of this case.

However, the motive leading up to the crime of this case is that the victim's house was owned by himself and it is difficult to see that the victim thought that he was hospitalized in the mental hospital. The defendant's mistake was not clear or recognized up to the trial. In light of such defendant's situation, the risk of recidivism by the defendant is very high, and the necessity to protect society from the defendant is also high, and the victim is deemed to have been vulnerable to the crime as 78 years old at the time of the crime, the victim's body was destroyed, the seriousness and seriousness of the crime of this case, and other various sentencing conditions against the defendant, the sentencing of the court below is deemed to be unfair, taking into account the above circumstances.

With respect to the part of the medical treatment and custody case, the prosecutor only appealed the judgment of the court below which sentenced six years of imprisonment and medical treatment and custody on the ground of unfair sentencing. The prosecutor can file an appeal for the benefit of the defendant as well as the unfavorable appeal against the defendant. Thus, it cannot be said that there is no benefit in filing an appeal against the medical treatment and custody case. Thus, under Article 14(2) of the Medical Treatment and

(see Supreme Court Decision 201Do6705, 201Do20120, Aug. 25, 2011). However, there are no grounds for reversal ex officio on this part of the grounds for appeal or petition of appeal by a prosecutor, without stating the grounds for appeal or petition of appeal against it.

3. Conclusion.

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