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(영문) 서울고등법원 2013.09.06 2013노2290
살인등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. At the time of committing the instant murder, the Defendant was in a state of weak ability to discern things or make decisions due to disorder in adaptation.

B. The sentence imposed by the court below on the defendant (14 years of imprisonment) is too unreasonable.

Judgment

A. The court below rejected the above argument in detail under the title "the judgment on the defendant's and his defense counsel's assertion" in the judgment of the court below, which states that the defendant's assertion of mental disability is identical to the above grounds for appeal. In light of the evidence and legal principles duly adopted and investigated by the court below, the above judgment of the court below is just and acceptable. The above argument by the defendant is without merit.

B. There are circumstances that may be considered in light of the circumstances, such as the Defendant’s recognition of the instant crime and reflects on the Defendant’s assertion of unfair sentencing, and the fact that there is no record of criminal punishment other than once of fines.

However, the crime of this case is highly likely to be punished by the planned crime committed by the Defendant by searching for murder via the Internet with the intent of murdering the victim, and preparing for the crime in advance, such as plastic bags, plastic bags, garbage bags, and clothes to be worn out, immediately after the crime, by reporting 112 as if the victim suffered robbery immediately after the crime was committed, and actively attempted to conceal the crime by manipulating Albaba, by means of reporting it to 112, etc., the victim’s bereaved family members, who were genuinely killed or did not compensate for damage, the victim’s bereaved family members want to be punished, and all other sentencing conditions such as the Defendant’s age, family relation, criminal records, character and conduct, environment, motive and circumstance of the crime, means and method of the crime, etc., are considered unfair.

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