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(영문) 서울고등법원 2021.01.13 2020노1565
살인등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. Defendant 1) The Defendant was physically and mentally weak at the time of committing the instant crime.

2) The sentence of the lower court’s improper sentencing (20 years of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too unhued and unreasonable.

2. Determination

A. Although there was a mental view that the Defendant’s determination of the Defendant’s mental and physical weakness was diagnosed due to a stimulative disorder and was presumed to have been in a state which lacks the ability to discern things and make decisions due to the symptoms of stimulation of comic symptoms accompanied by a mental disorder at the time of the instant crime, according to Article 10(2) of the Criminal Act, the crime in a state of mental and physical weakness is merely a discretionary legal mitigation reason, and even if the Defendant had weak ability to discern things or make decisions at the time of committing the crime,

Even if there was no legal mitigation due to this, it was not possible to reduce the legal mitigation.

The lower court erred by misapprehending the legal doctrine on mental and physical weakness

subsection (b) of this section.

Although the lower court did not grant statutory mitigation on the grounds of mental and physical weakness, it considered the Defendant’s mental problem in sentencing favorable to the sentencing that the Defendant’s mental problem affected the instant crime.

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

B. The Defendant, solely on the ground that the Defendant appears to have been the support of the current regime, was profed to the victims who did not have an awareness of being faced with the time, followed by the victims who did not respond to this, killed the victims C in a knife, killed the victims C with a knife, and was in need of approximately six weeks of treatment by considering the face of female victims D, and the nature of the crime is very good.

The defendant did not receive a letter from the victim C's bereaved family members and the victim D, and the bereaved family members and the victim D want to be punished by the defendant.

Many of the defendants have criminal records of violence.

This is disadvantageous to the defendant.

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