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(영문) 대구고등법원 2015.04.16 2014노688
살인등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. The summary of the grounds for appeal (12 years of imprisonment) by the lower court is too unreasonable.

2. Determination

A. The instant crime committed on the part of the Defendant case is a crime in which the Defendant and the candidate for medical treatment and custody (hereinafter “Defendant”) murdered the victim’s kys of the female infant and destroyed the dead body, and the content and consequence of the instant crime are very serious.

According to the crime of this case, the victim did not properly blue his blue and did so, and the parents of the victim who lost their own consciousness complained of the blue mental suffering that cannot be expressed by the horses, and the defendant was isolated from the society in the permanent state.

Although the Defendant committed the instant crime in a state where the outbreak of early illness where the Defendant was suffering from ordinary person, and the ability to discern things or make decisions was weak, considering the following factors, comprehensively taking into account: (a) the Defendant’s age, character and conduct, environment, the background, means and consequence of the instant crime; and (b) the scope of recommendations based on sentencing guidelines, including the circumstances as seen earlier; and (c) the scope of recommendations based on sentencing guidelines, it is deemed that the sentence imposed on the Defendant is an appropriate punishment corresponding to its responsibility.

Therefore, the defendant's assertion that the sentence of the court below is too unreasonable cannot be accepted.

B. The Defendant and his defense counsel did not submit any grounds for appeal regarding the part of the medical treatment and custody claim, and even after examining the judgment below, there is no ground to reverse this part ex officio.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act and Article 51 of the Medical Treatment and Custody Act as it is without merit. It is so decided as per Disposition.

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