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(영문) 대구고등법원 2018.01.18 2017노503
살인
Text

The defendant's appeal is dismissed.

Reasons

The court below dismissed the prosecutor's request for medical care and custody while pronounced guilty on the part of the defendant's case, and only the defendant appealed.

Therefore, notwithstanding Article 14(2) of the Medical Care and Custody Act, the part of the judgment below on the medical care and custody claim is excluded from the scope of the judgment of this court, as there is no benefit of appeal.

The punishment of eight-year imprisonment sentenced by the court below is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the following are favorable to the Defendant: (a) the Defendant appears to reflect the mistake while committing the crime; (b) the Defendant suffers from a stimulative disorder and health disorder; (c) the Defendant committed the crime under the mental and physical weakness; (d) the Defendant was a primary offender with no criminal history in Korea; (e) the Defendant’s arbitr and son complained of the Defendant; and (e) the Defendant’s family transferred KRW 12 million to the victim’s son at the trial; and (e) the Defendant’s family transferred money to the victim’s son at the trial.

On the other hand, the crime of this case was committed by the defendant's wife by dividing the victim's trees into the victim's trees at the house when the defendant was suffering from fire due to the external appearance of the victim and the mental illness of the defendant. The crime's nature and criminal situation are extremely heavy in light of the crime's circumstances and methods, the relationship with the victim, etc., and above all, the crime of murder which infringes upon a person's life with dignity requires severe punishment as a serious crime which is not absolutely permissible regardless of its reason. The crime of murder is a serious crime which is a serious crime which is not allowed. The victim's life was lost between the defendant and the victim who has been living in close vicinity 20 years, and his bereaved family members who have to live in a life-free body and live in a life-free body are disadvantageous to the defendant.

As above, the defendant's age and gender are different from the sentencing factors favorable or unfavorable to the defendant.

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