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(영문) 서울고등법원 2015.05.28 2015노1039
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant was in a state of mental disability under the influence of alcohol at the time of the instant case. (2) The sentence sentenced by the first instance court of unfair sentencing to the Defendant (13 years of imprisonment) is too unreasonable.

(b) the Prosecutor’s first instance court’s sentence (13 years of imprisonment) against the Defendant is too unhued and unreasonable;

2. Determination

A. According to the record as to the Defendant’s claim of mental disability, it is not deemed that the Defendant had no or weak ability to discern things or make decisions due to drinking at the time of the instant crime, in light of various circumstances, such as the circumstance leading up to the instant crime, the method and method of the crime, the Defendant’s behavior, especially the Defendant’s behavior before and after the instant crime, under the investigation before and after the judgment was conducted in the trial, and the Defendant did not drank one disease at the time of the instant crime, and stated clearly and clearly that he had the mind at the time of the instant crime.

Therefore, the defendant's mental disorder cannot be accepted.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the instant crime was committed by the Defendant with multiple knife with the victim living together, and the content and result of the crime is harsh, and the nature of the crime is very heavy.

In light of the fact that the victim, who was intending to enter Korea and live in a new life at the end of a large number of life, experienced a strict fear and satisfy in the right bridge without properly resisting the body, and the defendant was seriously deprived of his life, it is not easy to measure the suffering and suppression of the deceased.

The life of a human being has absolute and dignity that no one can dispose of without permission, and the act of infringing it is not possible to use it, and it is necessary to severely punish the defendant.

However, the Defendant consistently commits the instant crime.

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