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(영문) 서울고등법원 2018.09.13 2018노1474
강간살인등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for twenty-five years.

For the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant (the part of the instant case) 1: The Defendant and the person requesting an attachment order (hereinafter “Defendant”) were in a state of mental and physical weakness under the influence of alcohol at the time of committing the instant crime.

2) Improper sentencing: The lower court’s sentence (25 years of imprisonment, etc.) is too unreasonable.

B. The Prosecutor (the part of the case of the Defendant, and the sentencing error)’s sentence is too uneasible and unreasonable.

2. Determination

A. According to the record as to the Defendant’s mental and physical weakness, the record is acknowledged that the Defendant had drinking alcohol at the time of committing the instant crime.

① However, when the Defendant entered the victim’s house with the victim, the CCTV was taken by the Defendant; ② the process and method of murdering the victim from an investigative agency to an investigation agency; ③ the appearance of the victim and the horses of the victim at the time of rape and murder; ③ the Defendant: (a) opened the victim’s house door at around 07:44 of that day after killing the victim; (b) opened the victim’s house at around 10 seconds; and (c) took around around 53 minutes of the victim’s house around 08:37 of that day, the Defendant took care of the victim’s house at around 08:37 of that day; (d) other developments leading to the crime, the means and method of the crime; and (c) circumstances after the crime, etc., the Defendant had the ability to discern things or make decisions due to drinking at the time of the crime of this case.

does not appear.

Therefore, the defendant's argument of mental and physical weakness cannot be accepted.

2) We examine ex officio prior to determining the illegality of sentencing by the Defendant and the prosecutor.

Article 56(1) of the former Act on the Protection of Juveniles against Sexual Abuse (amended by the following) provides that a person who was sentenced to a punishment or treatment and custody for a sex offense against a child or a sex offense against an adult (hereinafter referred to as "sex offense") shall be a facility, institution, or place of business prescribed in the following subparagraphs (hereinafter referred to as "sex offense").

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