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(영문) 대구고등법원 2009.4.16.선고 2008노577 판결

가.살인·나.사체유기·다.사체손괴

Cases

208No577 (a) Murder

(b) Abandonment of a corpse;

(c) Destruction of carcasses;

Defendant

leap

Appellant

Defendant

Prosecutor

In-depths

Defense Counsel

Attorney Park Dong-A

Judgment of the lower court

Daegu District Court Decision 2008Gohap662 Decided November 24, 2008

Imposition of Judgment

April 16, 2009

Text

The defendant's appeal is dismissed.

141 days under confinement before the pronouncement of this judgment shall be included in the penalty of the original judgment.

Reasons

1. Summary of grounds for appeal;

In light of the circumstances leading to the crime of this case, the background leading up to the crime of this case, the defendant's health status, family relationship, etc., the sentence (12 years of imprisonment) sentenced by the court below is too unreasonable.

2. Determination

When the defendant was suffering from extreme stress due to depression with the wife suffering from ordinary mental disorder, etc., it seems that the victim committed the crime of this case in a contingent manner by breaking the victim's horse while the victim was saluted. After the defendant was sentenced to a fine in 193 due to the crime of injury in 193, there is no record of criminal punishment, and the defendant seems to have lived with the wife and the victim until now. However, the crime of this case in this case is committed on the other hand, on the ground that the defendant neglected his official book of the victim and caused salute to himself/herself and his/her wife loss, the crime of this case is committed by the victim who is 12 years of age merely because the defendant neglected his/her body in order to kill the victim's body in order to avoid serious stress, and thus, the law and content of the crime are still remaining, and the defendant does not accept the defendant's motive to commit the crime of this case by taking into account the following circumstances: the defendant's motive to commit the crime in his/her criminal responsibility after the commencement of the crime.

3. Conclusion

Therefore, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act, and 141 days of detention days before the judgment is rendered under Article 57 of the Criminal Act shall be included in the sentence of the original judgment and it is so decided as per Disposition.

Judges

Hunting Judge of the Constitutional Court

Easure——

Kim Sung-he