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The defendant's appeal is dismissed.
Reasons
1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.
2. Determination
A. All of the instant crimes are recognized by the Defendant, and thus, the Defendant has a profoundly reflect on his mistake; the Defendant had a intellectual disability from the time of birth to the time of birth; from high school to the time of early birth; the instant crime appears to have been committed under the state of weak mental and physical disorder due to the outbreak of such mental disorder; and the Defendant, as a patient suffering from mental illness, appears to require a mental treatment rather than mere severe punishment, is favorable to the Defendant.
However, murder crime is a serious crime that infringes on the absolute value of human life and causes irrecoverable injury. In light of the background, content, and result of the crime in this case, the issue is very heavy even in light of the circumstances of the crime in this case, mental impulses that may have been experienced by other bereaved family members, and some of the bereaved family members expressed their intent to punish the defendant, etc., which is disadvantageous to the defendant, and the court below seems to have determined the punishment in consideration of the fact that the defendant is placed in medical treatment and custody. There are no special changes in sentencing conditions in the trial, Article 46(5) of the Act on Citizen Participation in Criminal Trials provides only advisory effect by stating that the jury's opinion does not bind the court. The court below imposed a punishment that does not deviate from the jury's opinion, and in light of various conditions of sentencing such as the defendant's age, character, occupation, family relationship, means and result of the crime in this case, it is reasonable to respect the sentencing of the court below as it does not seem to have exceeded the reasonable scope of discretion.
Therefore, the defendant's assertion of unfair sentencing is not accepted.
B. Meanwhile, the defendant appealed against the accused case.