(영문) 서울고등법원 2014.11.20 2014노1424 | 리걸엔진

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Reasons

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글꼴

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줄 간격

자간(%)

(영문) 서울고등법원 2014.11.20 2014노1424

살인

Text

The judgment of the first instance shall be reversed.

A defendant shall be punished by imprisonment with prison labor for up to 11 years.

excessive one sheet (No. 1) seized shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court of first instance was erroneous in the misapprehension of legal principles as to mental and physical disorder and affected the conclusion of the judgment, although the defendant was unable or weak to discern things or make decisions due to the climatic cerebral cerebral Bribery at the time of preventing the crime of this case.

B. The sentence imposed by the first instance court of unfair sentencing (13 years of imprisonment, confiscation) is too unreasonable.

2. Determination:

A. According to the record as to the assertion of mental and physical disorder, the defendant continued to use an anti-quality therapy system from around December 1994 to treat the symptoms of scambling from traffic accidents in 1992, and appeared to have a behavior disorder in the surface of the water due to mental illness, such as mass cerebrovascular, after committing the crime. However, the circumstance leading to the crime in this case, the method and method of the crime, the defendant's behavior before and after the crime, especially the defendant's behavior at the time of and immediately after the crime, did not perform any abnormal behavior that can be seen as scambling, such as the defendant's behavior at the time of the crime, and the defendant found the excessive appearance of the crime in the surrounding areas, and then prepared for the excessive appearance of the scam tape as to the defendant's behavior during the crime, and did not have any ability to scambling the defendant's behavior after the crime, or did not have any ability to scambling the victim and the defendant's behavior at the time of this case.

Therefore, the defendant's mental disorder cannot be accepted.

B. The instant crime against the assertion of unfair sentencing is committed by the victim who works together with the Defendant at the construction site.

유사 판례

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