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(영문) 광주고등법원 (제주) 2013.09.11 2013노48
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was suffering from ordinary alcohol addiction and alcohol dementia; however, at the time of the instant crime, at the time of the instant crime, was in a state of mental disorder or mental disorder so as to make it impossible to memory.

B. The sentence of an unreasonable sentencing (three years of imprisonment) by the lower court is too unreasonable.

2. Determination:

A. Although the Defendant was aware of drinking at the time of committing the instant crime, it cannot be deemed that the Defendant did not have the ability to discern things or make decisions due to mental or physical disorder at the time of committing the instant crime, in view of the details of the instant crime and circumstances after committing the instant crime.

Therefore, the defendant's above assertion is not accepted.

B. The victim of unfair sentencing was left away by leaving about about 20 years before the Defendant and four South Korea, and was left back to his family on June 25, 2012, but was already suffering from dementia due to cerebral blood, so the Defendant’s husband and children could not play a role as her husband and father.

The defendant has been born for about 20 years without her husband, and most of 4 South-years with her ability to grow, and have been living without being able to have much economicly, but it seems that the her husband who did not have the body and mind but has been living without being able to know about it. However, it seems that the her husband who did not have the body and mind appeared to be her own, and that the her father who had to support and respond to him/her has no choice but to have a great network for the her husband who has caused it.

In such a situation, the Defendant appears to have committed the instant crime by strictly explosioning the appraisal before the fact that the Defendant heard the horses that seem to have been brupted by the victim, which had been accumulated for a long time, and that the Defendant committed the instant crime. As such, there is no reason to take into account the circumstances.

However, the victim is a senior citizen with dementia who was under the care of the defendant, who is vulnerable to the crime, and the time when the defendant kills the victim.

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