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(영문) 대전고등법원 2013.07.24 2013노186
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) At the time of the instant crime, the Defendant had no or weak ability to discern things or make decisions due to the stroke disorder or depression due to the stroke disorder or depression.

Dob. The sentencing of the lower court (12 years of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination

A. According to the record of the judgment on the assertion of mental and physical disorder, it is recognized that the Defendant was taking a drug due to the cardio-cerebrovascular disease at the time of the instant crime, and was in a serious condition of emotional clothes due to cerebrovascular after the instant crime, but in light of the circumstances leading to the crime, the method and method of the crime, and the circumstances after the crime, etc., the Defendant did not have the ability to discern things or make decisions due to the disease of the Defendant at the time of the instant crime.

did not appear to have existed in or weak condition.

The defendant's above assertion is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing is the circumstances favorable to the Defendant, in 1979, that there was no particular criminal history except for one-time fine due to the violation of the Militarybucks Act, that the Defendant and the victim’s children are the Defendant’s wife against the Defendant, and that the Defendant is in profoundly against the Defendant.

However, the crime of this case is a case where the defendant's wife scambling the head of the scam and scambly murdered the scambling of the scam on the ground that the victim's wife demands divorce, and the crime of this case is bad in light of the circumstances and method of the crime.

In addition, the lower court’s sentencing is determined within the scope of the punishment recommended by appropriately assessing all the factors according to the sentencing guidelines of the Sentencing Committee (nine years of imprisonment or 13 years of imprisonment), and there is no evidence to deem that there was a change in circumstances to take into account in the sentencing in the trial, and the overall sentencing conditions against the Defendant.

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