logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2018.08.31 2018노277
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

The seized No. 1 (No. 2), one (No. 2);

Reasons

1. Summary of grounds for appeal;

A. The sentencing of the lower judgment (unfair sentencing) by Defendant (hereinafter “Defendant”) is too unreasonable.

B. Prosecutor 1) Considering the method and planning of the instant crime, and the circumstances before and after the instant crime with respect to mental and physical weakness, the Defendant did not have any mental and physical weakness at the time of the instant crime.

Nevertheless, the lower court found that the Defendant was physically and mentally weak at the time of committing the instant crime.

This decision was made in an unfair manner.

2) The sentencing of the lower court’s unfair sentencing is too uncomfortable.

2. Determination:

A. The lower court can find the following circumstances based on evidence duly examined by the Defendant’s mental or physical weakness. ① The Defendant, upon receiving the current medical examination on early January 10, 2004 (the first diagnosis on April 11, 2002; the first diagnosis on illness at the time) and married the Defendant only with her husband at around 2007. The Defendant appears to have expressed symptoms such as the Defendant’s desire to engage in an abnormal behavior for a considerable period of time after marriage by calls to her husband or her family members, and ② the Defendant appears to have expressed symptoms such as her husband or her desire to engage in an abnormal behavior for a significant period of time since her marriage. The Defendant appeared to have expressed symptoms such as her husband’s or her sexual intercourse with her husband or her family. The Defendant appears to have expressed symptoms such as her symptoms that appeared in the form of the victim’s voice and her ability to engage in a fluoral surgery, and thus, she appears to have been aware of her symptoms during her life and symptoms.

arrow