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(영문) 대전고등법원 2016.05.27 2015노609
살인등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Reasons for appeal

A. The lower court erred by misapprehending the ability to discern things or make decisions due to the main working and mental illness at the time of the instant crime, which affected the conclusion of the judgment, although the Defendant alleged mental or physical disability (main working and mental disorder due to mental or physical disorder) had weak capacity to discern things or make decisions.

B. The lower court’s punishment (15 years of imprisonment) is too unreasonable.

Judgment

A. According to the following circumstances revealed in the record as to the assertion of mental disorder, namely, the result of mental appraisal of the Defendant, carried out in the trial at the trial, the Defendant is presumed to have had no mental illness but to have been presumed to have had no mental disorder at the time of committing the instant crime. In light of the circumstances revealed in the record, including the background leading up to the instant crime, the Defendant’s behavior at the time of committing the instant crime, and the process of hiding the dead body, the Defendant had no or weak ability to discern things or make decisions due to mental disorder, etc. at the time of committing the instant crime.

subsection (b) of this section.

We cannot accept the argument that the defendant was under the influence of alcohol or mental disorder at the time of committing the instant crime.

B. As to the wrongful argument of sentencing, the Defendant is deemed to have the remaining time when the victim stated.

For the minor reason that the victim was attached, the head and face of the victim was extracted, the neck and face of the overcoming victim was taken, and the face of the victim who has not been fluored was bluorily killed by means of cutting back and bluoring.

According to the CCTV images that take the process of the murder crime of this case, it is confirmed that the defendant used the victim's imprisonedly, and the cruelness of the crime that can be known therefrom is difficult to express by speech, and the defendant is identified in the mental appraisal result of the defendant.

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