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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2012.11.02 2012노2804
살인등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant with mental disorder was under the influence of alcohol at the time of each of the instant crimes, and was in the state of mental disorder or mental disability.

B. In light of the fact that the Defendant is against each of the instant crimes, etc., the sentence of the lower court (12 years of imprisonment) is too unreasonable.

2. Determination

A. According to the record of judgment on the assertion of mental and physical disorder, even though the defendant is deemed to have served alcohol at the time of each of the crimes in this case, considering the criminal behaviors and circumstances after the crime, it cannot be deemed that the defendant committed each of the crimes in this case under the condition of mental and physical disorder or mental disorder.

This part of the defendant's assertion is without merit.

B. On June 9, 2012, the crime of this case on the assertion of unfair sentencing was committed by the Defendant by intrusion upon the residence of the victim C (hereinafter “victim”) on or around 13:25 on June 18, 2012. On June 18, 2012, the Defendant refused to appear after receiving a request from the police for attendance on or around 17:20 on June 19, 2012, resulting in murdering the victim with a knife knife (19cc in total length, 19cc in knife length, 8cc in knife length). At the time of receiving a request for appearance from the police, the Defendant, as seen above, unilaterally called “the knife knife knife knife knife knife knife knife knife knife knife knife knif.

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