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(영문) 부산고등법원 2019.08.21 2019노238
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime with mental disorder, the person was unable to discern things or make decisions due to mental disorder.

B. The lower court’s sentence of unreasonable sentencing (15 years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below as to the assertion of mental disorder, the possibility that the defendant suffered from mental disease, such as refaculation at the time of the crime of this case cannot be ruled out, but the defendant was diagnosed to have suffered from mental disease at the hospital.

there is no objective data to recognize that he/she has received treatment related to mental diseases.

In light of such circumstances, the circumstances leading to the instant crime, the means and methods of the instant crime, the behavior and circumstances of the Defendant before and after the instant crime, etc., it is not deemed that the Defendant did not have or did not have the ability to discern things or make decisions at the time of the instant crime.

This part of the defendant's assertion is without merit.

B. As to the assertion of unfair sentencing, the relevant legal doctrine refers to cases where the sentence of the lower judgment is too heavy or too minor in light of the specific contents of the case. In cases where there is no change in the conditions of sentencing compared to the lower court and the sentencing of the lower court does not deviate from the reasonable scope of the discretion, the appellate court is reasonable to respect the sentencing of the lower court. On the other hand, in full view of the following factors: (a) in the event that the lower court’s determination of the sentencing was deemed to have exceeded the reasonable bounds of the discretion; or where it is deemed unfair to maintain the sentencing of the lower court in full view of the materials newly discovered in the course of the appellate court’s determination of the sentencing, the appellate court shall reverse the unfair lower judgment (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015)

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