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(영문) 대전고등법원 (청주) 2013.08.29 2013노92
살인등
Text

Defendant

In addition, all appeals filed by the requester for attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendant and the requester for attachment order (hereinafter “Defendant”) were under the influence of alcohol at the time of committing each murder in the instant case, and they were in the state of mental disability.

(2) The lower court’s imprisonment (30 years of imprisonment) against the Defendant of unreasonable sentencing is too unreasonable.

B. The lower court’s sentence against the Defendant alleged by the Prosecutor is too unhued and unreasonable.

2. Determination

A. According to the records on the Defendant’s claim of mental suffering from mental suffering, the Defendant is deemed to have been aware of drinking alcohol around the time of committing each of the murder in this case, but the Defendant stated at an investigative agency relatively detailed memory and statement about the details of each of the murder in this case and circumstances before and after the commission of each of the murder in this case. The Defendant assaulted and threatened the victim E to prevent any defect in reporting the crime immediately after the Defendant murdered the victim C; subsequently, the Defendant kills the said victim by threatening the victim E to have locked for more than eight hours at the place of the crime in this case, and by considering the following concerns: (a) the means and method of each of the murder in this case; and (b) the Defendant’s act before and after the commission of each of the murder in this case, it cannot be deemed to have lacking the ability or decision-making ability to discern things under the influence of alcohol

B. It is recognized that the Defendant voluntarily surrendered the Defendant to determine the allegation of unfair sentencing by the Defendant and the Prosecutor, and that the Defendant committed a mistake in the confession of all each of the instant crimes, and that the Defendant committed murder against the victim C and contingent crimes by drinking alcohol.

However, each of the crimes of murder in this case is a crime in which the defendant kills the victim C cruelly without any obvious motive and reported the above crimes on the same day, thereby killing the victim Emaer without fear, and whose tendency is expressed in the life of the defendant.

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