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(영문) 대구고등법원 2014.08.21 2014노117
살인등
Text

Defendant

In addition, both the appeal by the person requested to attach an attachment order and the appeal by the prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the defendant alleged mental disorder of the person subject to the request for attachment order (hereinafter referred to as the "defendant") was in a state of mental disorder due to mental disorder such as mixed uneasiness and depression at the time of each crime in this case.

In light of the fact that the Defendant alleged unfair sentencing committed the instant murder by contingently, the punishment imposed by the lower court (14 years of imprisonment and 10 years of attachment order) is too unreasonable.

In light of the fact that the Defendant committed each of the crimes of this case during the period of repeated crime, the sentence imposed by the lower court is too uneasible and unfair.

Judgment

According to the results of the fact-finding on the Defendant’s claim for mental illness in the part of the Defendant case, according to the fact-finding on the Y Hospital and D medical clinic, the Defendant is recognized as having received hospital treatment in the Daegu Y Hospital Hospital from December 30, 201 to January 25, 2012 due to mental disorder, such as depression, and from March 1, 2013 to September 9, 2013.

However, given the circumstances revealed by the evidence duly adopted and examined by the lower court, namely, the Defendant consistently stated the details and process leading to each of the instant crimes; the Defendant, without reporting the victim E after killing the victim; and the circumstances after the instant crime, such as the Defendant’s setting up the victim from the relevant match without reporting it; and the Defendant’s arrest of the victim, etc., it does not appear that the Defendant had weak ability to distinguish things or make decisions at the time of each of the instant crimes.

Therefore, the defendant's argument of mental disability cannot be accepted.

Defendant

As to the prosecutor's assertion of unfair sentencing, the crime of murder in this case was suspected that the victim E, who had livedd with the defendant, was sexual intercourses with other males, and thus, he was strokeed with the above victim's title, above all, which is a minor human being.

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