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(영문) 서울고등법원 2015.08.27 2015노1720

살인

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant in light of the gist of the grounds for appeal is unreasonable because the punishment of imprisonment (15 years of imprisonment, confiscation) is too unreasonable.

2. The following facts are the conditions for sentencing favorable to the Defendant: (a) there is no particular criminal punishment other than one fine imposed on the Defendant; (b) the Defendant all recognized the crimes of this case; (c) the Defendant reported to an investigative agency and voluntarily surrendered to the Defendant; and (d) the Defendant, as the victim’s friendly money, seems to have died of cruel consciousness due to erroneous judgment; and (c) the Defendant appears to live in life due to a cruel judgment.

However, considering that the crime of this case was committed solely because the defendant committed suicide for reasons that it is economically difficult for him to commit suicide, and that human life is the highest value that should be guaranteed and respected in any case, the act of infringing on it cannot be used for any reason. The parents cannot use the life of the child of his own independent character chain, and the act of murdering the child in the course of attempting suicide with his own personal life is derived from the wrong perception that his own property considers the child as his own property, as well as the act of killing the child in the course of attempting to commit suicide with his own personal life. In addition, the act of deprivation of all opportunities for his own child in the future due to a unilateral judgment, which is highly likely to be criticized. The defendant does not seem to have any mental problem to the extent that it is impossible to find any other solution about the defendant's economic problem at around the time of this case. In addition to the defendant's request for resolution of his obligation under his own name, the defendant's economic problem is resolved, or the defendant made efforts to find out the deadly weapons in advance.