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(영문) 대전고등법원 2015.06.26 2015노217
특수강도
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant 1) Unreasonable sentencing: The lower court’s punishment (two years and six months of imprisonment) is too unreasonable and unfair. 2) Mental and physical disorder: the Defendant was in a state of lacking the ability to discern things or make decisions by taking the stroke-m prescribed by the instant crime by means of depression, etc. at the time of the instant crime.

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

Judgment

A. The Defendant asserted the same purport in the lower court as to the Defendant’s mental disorder, and the lower court rejected the Defendant’s assertion on the grounds as indicated in its reasoning.

The circumstances determined by the court below are as follows: (a) the process leading up to the Defendant to commit the instant crime (the Defendant, knowing that there was no other person at a low farm, with the knowledge that the Defendant was working in the swine shed of the victim, which is the place where the instant crime was committed; (b) driving a vehicle to the victim's house while having known that there was no other person at a low farm; and (c) at the time of committing the instant crime; and (d) the Defendant's act at the time of committing the instant crime (the Defendant, with the knowledge that there was no other person at the scene where the Defendant committed the instant crime was committed, driving the vehicle to the victim's house); (d) the Defendant's act (the head of the victim's side gate, who was suffering from the victim's neck while driving it over the victim's neck, was removed; and (e) the victim's left hand neck with the arms was cut off and cut off to the victim's front end, and did not have his ability to use it at the time of committing the instant crime).

in such a manner as to be deemed to have been or weak.

In the same purport, the judgment of the court below that rejected the defendant's mental and physical argument is just and acceptable, and it is so argued by the defendant or defense counsel.

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