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(영문) 대구고등법원 2015.09.17 2015노348
살인등
Text

Defendant

The appeal filed by both the candidate for medical treatment and custody and the prosecutor shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant killed the victim’s name as his wife.

In that such murder crime is the most valuable crime that cannot be altered, and the life of a person who is a value with dignity should not be strictly held liable.

Meanwhile, there are circumstances that may be considered in favorable circumstances in determining sentencing, such as the fact that the Defendant, who had no record of punishment prior to the instant crime, had no capacity to discern things or make decisions due to brain diseases, damage, and disorder in personality and behavior caused by functional disorder, etc., led to the instant crime in the state that the Defendant lacks capacity to discern things or make decisions, and that the bereaved family members, such as the victim’s parents and counseling, expressed their intent not to be punished for the Defendant.

In full view of the following circumstances, including the aforementioned various circumstances, the Defendant’s age, character and conduct, environment, motive, means, and consequence of the instant crime, etc., as well as all the circumstances constituting the conditions for sentencing, and the scope of recommended sentences according to the sentencing guidelines (one year to six months and one2 years of imprisonment), the lower court’s punishment is determined to be within the appropriate range of sentence corresponding to its liability, and it does not seem that the sentence is too heavy or unreasonable.

Therefore, the defendant and prosecutor's above assertion are without merit.

B. The Defendant and the prosecutor filed an appeal regarding the medical treatment and custody claim.

However, the petition of appeal or statement of reasons for appeal submitted by the defendant and the prosecutor does not contain any reasons for appeal concerning the medical treatment and custody application.

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