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(영문) 대전고등법원 2016.12.02 2016노284
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Mental and physical disorder: the Defendant was under the influence of alcohol at the time of committing the instant crime, and was in a state of mental and physical disorder lacking the ability to discern things or make decisions.

B. Unreasonable sentencing: The sentence of the lower court (13 years of imprisonment) is too heavy.

2. Determination

A. As to the assertion of mental and physical disorder, even if the Defendant was in a drunken state immediately before the crime of this case, as revealed through the record, the Defendant, as revealed by the record, revealed in an investigative agency that the motive process, the situation before and after the crime of this case were relatively detailed. Moreover, the prosecutor stated to the effect that the Defendant did not take any more than ordinary when she wraped with the victim at the time of committing the crime, and then did not change things or make decisions to the extent that the Defendant should be mitigated from criminal liability. Thus, it cannot be said that the Defendant was in a state of mental and physical disorder, which lacks the ability to discern things or make decisions.

We cannot accept this part of the defendant's argument.

B. As the life of a person cannot be returned once again in respect of the assertion on unfair sentencing, no one can deprive him of his life for any reason, and the highest value that the State and the society should protect is that person’s life.

However, the defendant kills the victim's neck, who is the spouse, and her spouse together with 20 years' life, as the defendant gets frighten of his life, and her life is frightened.

The defendant's motive for committing a serious crime cannot be used as a ground to believe that he/she committed such serious crime.

Under the trust of the victim, the victim was born in the state of suffering by the hand of the defendant who provided a part of his own, and the victim's children suffered from the mental suffering and wound which are unable to recover throughout their lives, and the victim has not been able to use the defendant until now.

The defendant is under marital fighting with the victim.

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