존속상해치사
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for three years.
However, the above punishment shall be imposed for a period of five years from the date this judgment becomes final and conclusive.
1. Summary of grounds for appeal;
A. The sentence of the lower court (three years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The crime of this case committed by the Defendant is an unfavorable circumstance, where the Defendant sustained an injury to the victim, resulting in the death of the victim, while he/she was in a dispute with his/her father-child relationship with the aged who is his/her father-child relationship.
However, it seems that the defendant has recognized his mistake as a whole, and the victim shows symptoms of dementia since 2010, and among his family members, it seems that the defendant, who had the highest time to live together with the victim, had suffered the difficulty due to such a conflict. On the day of the crime of this case, there was a dispute over this day, and during this process, it seems that the victim was punished for physical fighting, such as knife knife knife kife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife kn
In addition, the defendant's age, sexual conduct, environment, motive and background of the crime, the means and consequence of the crime, all the sentencing conditions shown in the records, such as the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee applicable to this case (three to five years) / [Determination of types] general cases where the result of death occurs (a result of death) / [a person who is subject to special sentencing] / [a person subject to special sentencing] / a person who is not subject to punishment, a victim who is in existence [a scope of recommended punishment] basic area / [a person subject to suspended sentence] 3 to five years [a person subject to suspended sentence], a person who has no criminal punishment (based on suspended sentence]; a person who has no record of criminal punishment (affirmative); a person who has sustained a crime and a person who has a negative reason for general consideration.