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(영문) 서울고등법원 2015.10.29 2015노2324
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the instant crime, the Defendant was in the state of mental and physical disability at the time of the instant crime of mental and physical disability. (2) The lower court’s sentence of unreasonable sentencing (one-five years of imprisonment and confiscation) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Determination

A. The court below rejected the defendant's claim as to the defendant's mental disability under the title of "whether or not the defendant was in a state of mental disorder" in this part of the grounds for appeal, and under the title of "whether or not the defendant was in a state of mental disorder", the court below rejected the defendant's claim in detail. In comparison with the above judgment of the court below, the judgment of the court below is just and correct, and the defendant's assertion is without merit.

B. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant, immediately after the instant crime, ordered the Defendant’s wife to report to the police, the Defendant appears to have committed the instant crime by marbly spraying the alcohol while drinking, and the Defendant deposited KRW 10 million to the victims’ bereaved family members to recover from damage, and the Defendant has no specific criminal power except that sentenced to a fine on two occasions due to the crime of violating the Juvenile Protection Act.

However, the Defendant: (a) murdered approximately 30 times with knife the head, face, timber, arms, chest, etc. of the victim who was in a state of secret defense on the ground that the victim made his wife annoying and without permission; (b) further, the Defendant committed the instant crime with a knife knife knife the victim’s body; (c) was a serious criminal who could not recover the damage in any way; and (d) the Defendant’s bereaved family members were strongly punished for having not received a letter from the victim’s bereaved family members.

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