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(영문) 서울고등법원 2015.08.28 2015노1521
살인등
Text

Defendant

In addition, both the applicant for medical treatment and custody and the applicant for attachment order and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and a person subject to medical treatment and custody and a person subject to a request for attachment order (hereinafter “Defendant”) asserted that the Defendant’s case (i) was based on the initial misunderstanding of legal principles and mental and physical disorder as well as the grounds for appeal. However, on July 13, 2015, the Defendant withdrawn the above assertion on the first day of July 13, 2015. The lower court’s imprisonment (15 years of imprisonment) is too unreasonable. (ii) The Defendant does not need to attach an attachment order to the

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

2. Determination

A. The part of the defendant's case (with regard to the assertion of unreasonable sentencing by the defendant and the prosecutor) shows an attitude that the defendant committed the crime of this case while committing the crime of this case, and the defendant appears to have committed the crime of this case in a state of mental disorder caused by the sternal illness, and the fact that the defendant voluntarily surrenders to the police on the day of the crime is considered as favorable to the defendant

However, the crime of this case was committed by the defendant with a knife several times, and the method of committing the crime was poor, and the life was so severe as to cause a snife result, which is the most important legal interest, which is the life. Accordingly, the victim is recognized as suffering from severe physical and mental pain at the time of death, and the bereaved family members are also suffering from considerable mental pain. In particular, the victim's husband and the defendant's punishment are strong punishment against the defendant, and the defendant's death was committed by murdering the defendant, and there was a record of having been sentenced to punishment and medical treatment and custody, which are disadvantageous to the defendant.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime, means and result of the crime, all the sentencing conditions shown in the records, such as circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee applicable to this case.

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