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(영문) 서울고등법원 2016.03.31 2016노154
살인
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant did not commit a crime that the lower court found guilty, and the lower court erred by violating the Constitution, laws, orders, or rules, or by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

2) The Defendant had mental and physical loss or mental weakness at the time of committing the instant crime.

3) The sentence sentenced by the lower court (a prison term of eight years, confiscation) is too unreasonable.

B. The punishment sentenced by the prosecutor (a prison term of eight years, confiscation) is too unfased and unfair.

2. Determination

A. According to the evidence duly admitted and examined by the court below, as stated in the judgment of the court below, the neighbor's house at around 11:0 on June 30, 2015, as shown in the judgment below, found the defendant's house (Seoul Eunpyeong-gu G 107) and "the victim's sound and sound," and the defendant's sound and sound, as if he were frightening with the victim's house by putting the victim's house at mind, and crying the victim's face and head, again crying the victim's face and back 30 minutes at the atmosphere, and the victim's death from the above house at around 11:0, the victim's house at around 200 was recognized, and there was no error in the misapprehension of the legal principles as to the punishment of child abuse or the punishment of the defendant, and there was no error in the misapprehension of the legal principles as to the punishment of child abuse (the defendant's child abuse).

Therefore, the defendant's above assertion is without merit.

B. According to the evidence duly admitted and examined by the court below, the defendant was treated as a pharmacologic or counseling treatment by a serious injury from around October 2012 to the U mental health clinic, etc., and the fact that the defendant seems to have been judged as having been immediately sentenced to the third grade judgment is recognized.

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