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(영문) 서울고등법원 2013.12.27 2013노3175
존속살해등
Text

Defendant

In addition, both the applicant for medical treatment and custody and the applicant for attachment order and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant and the requester for a warrant to attach an electronic device and the requester for a warrant to attach an electronic device (hereinafter “defendant”) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below (20 years of imprisonment, confiscation) is too unfased and unreasonable.

2. Determination

A. The circumstance favorable to the Defendant is that the part of the Defendant’s case resulted in the instant crime in a state of mental disorder caused by mental division, that the Defendant led to the instant crime, that the Defendant led to the confession of the instant crime, and that the Defendant has no criminal power against the first offender.

On the other hand, the crime of this case is a situation unfavorable to the defendant, where the defendant committed the crime of this case, solely on the ground that the victim simply spawn 2 or knife knife knife knife knife knife knife knife knife knife knife knife knife, such knife knife knife knife knife knife, the knife knife knife knife, the victim

In full view of the Defendant’s age, character and conduct, circumstances leading to the crime, circumstances after the crime, and all the other factors of sentencing revealed in the argument in this case, it is not deemed that the lower court’s sentence imposed on the Defendant within the scope of the sentencing guidelines is too weak or unreasonable.

B. The part of the attachment order case is deemed to have filed an appeal regarding the attachment order case pursuant to Article 9(8) of the Act on the Electronic Monitoring, etc. of Specific Criminal Offenders when the defendant filed an appeal regarding the prosecuted case, but the appeal is filed against the defendant's statement of grounds of appeal or petition of appeal.

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