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(영문) 서울고등법원 (춘천) 2018.04.11 2017노155
살인
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1’s intentional homicide and misunderstanding of the legal doctrine) committed high-risk domestic violence against the victim of approximately 40 years ago, and thereby, the victim was suffering from sexual stress disorder, and the victim was sexually abused from the victim on the day of the instant case, and was led to an exaggeration of the situation. Thus, there was no intention to commit murder.

B) Since the Defendant was under high-risk domestic violence from the victims of approximately 40 years of excessive defense, the instant crime constitutes an excessive defense due to fear, light, entertainment, or yellow dust under a political party defense or at night or under other extraordinary circumstances. As such, the instant crime constitutes an excessive defense due to fear, light, entertainment, or yellow dust.

C) The Defendant was mentally and physically deprived or mentally weak due to stress disorder, and was physically and mentally deprived or physically weak at the time of committing the instant crime.

2) The lower court’s sentence (4 years of imprisonment) against an unjust defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts and legal principles, the lower court also argued the same purport in the lower court’s judgment. According to the written autopsy and appraisal, the lower court determined that the victim was at a stand above 18 faces on his face and head, and as a result of the autopsy, the victim was at a stand in the body of his body, she was at the bottom of the body, she was at the bottom of the body, she was at the bottom of the body, she was at the bottom of the body, she was at the bottom of the body, she was at the bottom of the body, she was at the bottom of the body, she was at the bottom of the body, she was at the bottom of the body, she was at the bottom of the body, she was at a considerable amount of time, and the cause of the victim’s death was also at the bottom of the body of the victim. According to the results of the autopsy examination, the lower court determined that the victim was at the scene of the victim’s blood.

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