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(영문) 대전고등법원 2019.11.22 2019노357
살인등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of each of the instant crimes, the Defendant was in a state of lowering the ability to distinguish things or make decisions due to depression, angerger disorder, etc. at the time of each of the instant crimes. (2) The lower court’s sentence of unfair sentencing (25 years of imprisonment) is too heavy.

B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too minor.

2. Determination

A. As to the claim of mental disability, the defendant has been prescribed by drugs in relation to symptoms presumed to be uneasiness and depression during confinement in prison, and even though he has been aware of the fact after committing the murder in this case, the following circumstances acknowledged by the records of this case, namely, the defendant: (a) stated to the effect that "the defendant was satisfying with children after deducting the victim's money and sent money to children in China; (b) he threatened the victim and damaged property; (c) he was satisfying him with his ability to make a decision by taking into account the following circumstances: (d) the victim used money once and gave money to him; (e) the victim was satisfying; and (e) the victim was satisfying with his ability to make a decision by any order of the victim's body; and (e) the defendant was sufficiently anticipated to result in any possible result by his own act; and (e) the circumstances and circumstances of each of the crime in this case, how and how the defendant made a statement in each of this case;

Therefore, this part of the defendant's assertion is accepted.

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