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(영문) 서울고등법원 2013.04.05 2012노4196
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (i) In light of the following circumstances: (a) contingentness of the instant crime with mental and physical disorder; (b) absence of clear motive for the instant crime; (c) psychological anxiety due to conflict with her husband; (d) lack of memory as to the process of the crime; and (e) lack of memory as to miscarriage and stillbirth; and (e) accumulation of stress arising from the victims’ childbirth and childcare, the Defendant was in a state of mental and physical

The sentence of unfair sentencing (20 years of imprisonment) by the court below is too unreasonable.

B. The lower court’s sentence is too uneasible and unfair.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined at the lower court and the trial court as to the Defendant’s mental and physical assertion, namely, the response at the trial court of the N Hospital president O, also stated that “it was true that the Defendant was physically and mentally weak due to physical and mental disorder, but did not appeal or consult about mental disorder until he was given medical treatment as of July 9, 201.” On the ground that the Defendant was in a state of mental and physical disorder at the time of committing the instant crime, it cannot be deemed that the Defendant’s defense counsel could not be deemed that there was a state of mental and physical disorder or mental disorder at the time of committing the instant crime, solely based on the following circumstances alleged by the Defendant’s defense counsel, on the grounds that the Defendant was in a state of mental and physical disorder at the time of committing the instant crime, and the background leading up to the instant crime, and the Defendant’s actions before and after the instant crime.

This part of the defendant's assertion is not accepted.

B. The lower court determined the Defendant’s assertion of unfair sentencing by the Defendant and the prosecutor, as well as the Defendant, out of her husband due to frequent conflict and economic difficulties with her husband.

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