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(영문) 대전고등법원 2015.11.06 2015노370
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for thirty-five years.

One electric wire seized (No. 1).

Reasons

Judgment on the Grounds for Appeal

A. The summary of the grounds for appeal 1) mental and physical disorder: The instant crime committed by the Defendant was committed while the Defendant lost normal judgment in the economic difficulty situation, and the Defendant chosen a extreme method of suicide and lacks the ability to discern things or make decisions.

B) Unreasonable sentencing: The sentence of the lower court (25 years of imprisonment) is too unlimited and unreasonable.2) The prosecutor’s improper sentencing: the lower court’s sentence is too uneasible and unreasonable.

B. As to the Defendant’s mental and physical disability assertion, the lower court rejected the Defendant’s and his defense counsel’s mental and physical disability assertion on the ground that the Defendant did not seem to lack the ability to discern things or make decisions at the time of committing the instant crime, in light of the circumstances acknowledged by the evidence as indicated in its holding. Examining the reasoning of the lower judgment in comparison with the record, the lower court’s judgment is justifiable. In so doing, the lower court did not err by misapprehending the Defendant’s mental and physical disability at the time of committing the instant crime, as otherwise alleged in the grounds of appeal, and did not err by misapprehending the conclusion of the judgment. 2) As to the Defendant’s allegation of unfair sentencing on both grounds of unfair sentencing, the Defendant committed an extreme commission of the Defendant’s suicide, which was in an economic difficult situation due to failure to invest in stocks, etc.

The defendant's act has the responsibility as her husband who has to live together with his own will while living together with his own life, and has the responsibility as her father who shall raise his or her child healthy.

Due to the defendant's act, the victims have taken away life which cannot be altered.

The defendant's act is an anti-human and anti-social crime, in any aspect, which cannot be easily used.

The defendant committed the murder as planned in advance.

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