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(영문) 부산고등법원 2020.12.09 2020노294
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The summary of the judgment of the court below is as follows: (a) the Defendant was under severe stress due to the victim B’s friendship, pulmonary development disorder 2 (age 2 and 5) (age 5) ; (b) the victim’s parenting burden; (c) economic difficulties; and (d) the victim was suffering from a mental and medical treatment; (d) when the family form has deteriorated more; (e) the victim’s family form becomes more worse; (e) the victim’s family form was determined with the victim’s colon; and (e) the victim was bleeped into a large quantity of mental and physical drugs containing ingredients, such as pathic agents, water exemption; and (e) the non-regular psychotropic drugs, and caused the victim to die

(Murder) After all, the Defendant was found to have lost the spirit of drinking at once 40 days that he had received a pre-determined prescription, and was found by his husband, and was immediately remanded to the hospital emergency room and returned to the hospital emergency room. The Defendant was indicted as the charge of the charge, and the lower court convicted the Defendant of the charge, and sentenced the Defendant to four years of imprisonment.

B. The summary of the grounds for appeal 1) The Defendant with mental disorder was unable or weak to discern things or make decisions at the time of committing the crime due to extreme depression, etc., and thus, punishment should be mitigated or exempted. However, the lower court erred by failing to recognize the Defendant’s mental and physical condition and thereby affecting the conclusion of the judgment. 2) The sentence (one year of imprisonment) sentenced by the lower court of unfair sentencing (four

2. Determination

A. Although the judgment of the court below on the Defendant’s mental and physical disorder had the same assertion in the court below, the court below acknowledged the fact that the Defendant suffered depression at the time of committing the instant crime according to the evidence duly admitted and investigated, in light of the motive, circumstance, means and mode of the instant crime, the Defendant’s behavior before and after the instant crime, the Defendant’s memory as to the situation before and after the instant crime, and the Defendant’s attitude in the investigation and trial procedure, etc.

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