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All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) Since the Defendant, at the time of committing a crime as stated in the facts charged, was in a state of mental disability and injury, the punishment should be mitigated. 2) The punishment sentenced by the lower court of unreasonable sentencing (15 years of imprisonment) is too unreasonable.
B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.
2. Determination
A. In the lower court where a participatory trial was conducted, the Defendant asserted the same purport as the grounds for appeal in this part, and the lower court determined that the Defendant did not seem to have weak ability to discern things or make decisions due to the influence or side effect of the drug at the time of committing the instant murder, etc. or the influence of the drug at the time of committing the murder in this case.
(F) The above determination by the court below is justified in light of the evidence, rules of evidence, and legal principles duly adopted and investigated by the court below. Thus, this part of the defendant's assertion is difficult to accept.
B. As to the assertion of unfair sentencing, a favorable sentencing factor is acknowledged, such as the fact that the Defendant recognized his mistake and seriously reflects the Defendant’s fault, the Defendant appears to have committed the instant murder by citing her flag with the victim, and the Defendant appears to have an impact on the recovery exemption due to WIG failure to commit the instant murder; and the Defendant is deemed to have no record of criminal punishment except for the punishment imposed once on the violation of the Military Service Act.
However, the facts of the crime and the crime of this case recognized by evidence, evidence law and legal principles are serious, so that, in the case of murder, the defendant murdered with knife the part of a female living together who was diving, and it can not change what kind of knife.