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(영문) 대구고등법원 2013.10.17 2013노218
살인등
Text

Defendant

In addition, both the applicant for medical treatment and custody and the applicant for attachment order and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (i) The Defendant and the requester for medical treatment and custody as well as the requester for the attachment order (hereinafter “Defendant”) did not have the ability to discern things or make decisions due to mental retardation at the time of the instant crime.

【Unjustifiable sentencing sentence (20 years of imprisonment, medical treatment and custody, and attachment order 10 years) of the lower court is too unreasonable.

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

2. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to the defendant's mental disorder argument, it is acknowledged that the defendant suffered mental disorder such as depression at the time of each of the crimes of this case, but in full view of various circumstances such as the circumstances, method, and the defendant's behavior before and after the crime of this case, it is not deemed that the defendant did not have the ability to discern things or make decisions due to such mental disorder at the time of the crime of this case.

Therefore, we cannot accept this part of the defendant's ground of appeal.

3. The instant crime on the assertion of unfair sentencing by the Defendant and the prosecutor is the so-called “homicide,” and as a result, the victim, without any reason, has lost the very heavy life at the young age. In particular, there is a high possibility of criticism in that such type of murder has no reason to take into account the motive, as well as that there is a strong apprehension of fear in society as a whole.

The Defendant committed the instant crime on a planned basis, such as preparing for in advance and hiding the murder subject to murder, and subsequently murdered another two to three times as the part of the female victim, who was in a state that could not defend at all the leaples, with 3 to four knife and do not go beyond, thereby killing another knife.

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