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(영문) 서울고등법원 2017.12.01 2017노2140
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was in a state of mental and physical weakness due to depression and drinking at the time of committing the crime.

B. The sentence of the lower court’s unfair sentencing (10 years of imprisonment) is too unreasonable.

2. Determination

A. Determination on the assertion of mental and physical weakness is recognized by the defendant suffering from depression, and the fact of alcohol immediately before the crime.

However, in light of the circumstances of the instant crime, such as preparing for the crime in advance, the Defendant’s act before and after the crime, etc., the Defendant was in a state which lacks the ability to discern things or make decisions at the time.

It does not appear.

The defendant's mental and physical weak argument is without merit.

B. According to the statement of the LA of the specialized examination commissioner on the determination of the unfair argument for sentencing, it can be presumed that brain disease suffered by the victim was presumed to be alzysysysysysysysysysysysysysysysysys (F002), blood-related dementia (F019), and island (F059). However, it can be seen that all of the alzsysysysysysysysysysysysysysysysysysy

section 3.

When the defendant gives up the treatment and nursing of the victim who is diagnosed with the symptoms of dementia, and kills the victim, the defendant was given an opportunity for treatment or an opportunity for arranging the remaining human life.

The victim's right to self-determination is infringed.

Defendant

An act may not be held liable for a high possibility of criticism.

In addition, in full view of the Defendant’s age, sex, environment, motive and background leading up to the commission of the crime, means and consequence of the crime, and all the sentencing conditions shown in the arguments, such as the circumstances before and after the commission of the crime, the sentence of the court below sentenced the Defendant to 10-year imprisonment is not heavier

There is no reason to believe that the sentencing of the defendant is unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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