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(영문) 대전고등법원 2015.10.07 2015노400
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant’s unreasonable sentencing: The lower court’s imprisonment (seven years of imprisonment) is too unreasonable.

B. Prosecutor’s unreasonable sentencing: The lower court’s sentence is too unjustifiable and unreasonable.

Judgment

In light of the circumstances unfavorable to the Defendant, as determined by the lower court (in particular, the Defendant’s act was an anti-humane, anti-social crime that may not be used for any reason that he gets a human life, the most valuable value by having the victim died with a purely 50-year life after marriage) and favorable circumstances (the bereaved family members suffered from the victim’s death and suffering from unresting pain and suffering from the crime of this case) and favorable circumstances (the Defendant’s act is against all of the crime of this case; the Defendant committed the crime of this case in a state of mental disorder due to net disorder; the Defendant appears to have committed the crime of this case in a state of mental disorder; the Defendant appears to have been in a state of serious mental confusion, such as avoiding smoke and attempting suicide by using the first-hand system after marriage; the Defendant reported directly 112 after this case; the Defendant voluntarily surrendersed the Defendant; the Defendant is currently aged 75 years old; and the Defendant was a first-class offender).

The judgment of the court below cannot be deemed that the amount of punishment imposed by the defendant, his defense counsel, or the prosecutor has an unreasonable ground, as alleged in the grounds for appeal.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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