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(영문) 부산고등법원 (창원) 2018.05.23 2018노32
살인등
Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

1. The gist of the grounds for appeal (unlawful sentencing) is that the lower court’s punishment (a period of 12 years of imprisonment and medical care and custody, etc.) against the Defendant and the person who applied for the medical care and custody (hereinafter “Defendant”) is too unreasonable.

2. Determination

A. The part of the case against the defendant: (a) the defendant recognized all of the crimes of this case, and divided his mistake in depth; (b) the defendant committed each of the crimes of this case with low capacity to discern things or make decisions due to alcohol dependence and symptoms of personality disorder, etc.; (c) the defendant voluntarily surrendered to the investigative agency by the method of causing police officers; (d) the defendant voluntarily surrendered to the investigation agency; (v) the victim E and H agreed to commit the attempted murder; and (v) after the completion of the punishment for the crime of this case, the defendant did not commit any crime again; and (v) the defendant will engage in volunteer activities in welfare facilities, etc. and live in good faith.

It is favorable to the defendant.

In addition, the defendant seems to have a health problem due to the abnormal blood relationship, such as the implementation of standard insertion.

① However, examining the motive of the instant crime, the Defendant’s act of murdered by interpreting that the victim’s sacrific words and actions are seriously disregarded, and the Defendant has a very high tendency to commit the crime of violence. ② This case is a crime committed at the time when the Defendant was sentenced to imprisonment for five years by attempted murder, which is the same kind of crime, and then for which one year has not passed since the repeated crime period, and the criminal history of attempted murder also shows a high tendency to commit the crime of murdering on the ground of the victim’s minor words and actions as in the instant case. ③ The victim’s bereaved family members of the victim of the instant murdered the Defendant with severe punishment.

(4) Even if other criminal records are examined, the defendant is involved in several times of violence.

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