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(영문) 대전고등법원 (청주) 2015.09.03 2015노10
살인
Text

The judgment of the court below is reversed.

Defendant

In addition, a person who requests an attachment order shall be punished by imprisonment for twenty years.

A seized knife knife.

Reasons

1. Summary of grounds for appeal;

A. At the time of committing the instant crime, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), at the time of committing the instant crime, was in a state of mental disability due to mental disorder. 2) The lower court’s sentence of unfair sentencing (15 years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. Determination:

A. In light of all the circumstances, such as the background, means and method of the instant crime, the Defendant’s behavior before and after the instant crime, etc., which could have been known by the record as to the claim of mental disability, it cannot be deemed that the Defendant at the time of the instant crime did not have a state of lacking the ability to discern things or make decisions due to mental disorder (the same holds true as the result of the commission of mental appraisal to the Defendant

The argument in this part of the grounds of appeal is without merit. 2) The crime of this case against the allegation of unfair sentencing is a crime of killing the victim's knife, knife, knife, etc. prepared in advance by the victim on the ground that the victim's knife would make a false statement to the defendant seven times, and the nature of the crime is very poor, and the victim's knife prepared for the crime in advance. After the crime of this case, the defendant voluntarily surrenders to the investigation agency by telephone without the knifeg's view immediately after the crime of this case, it appears to be a crime planned for a considerable portion of the crime rather than a contingent crime. The crime of murder needs to be punished as the most serious crime infringing upon the human dignity and value, and as in this case, the motive of the crime is no more than 36 years old, and if the victim's age is merely a knife, it can be sentenced to imprisonment or imprisonment for not less than 15 years.

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