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(영문) 대구고등법원 2017.08.07 2017노230

존속살해등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

In light of the various sentencing conditions in the instant case, the sentence imposed by the court below (the imprisonment of 20 years and the camping room confiscation) in light of the summary of the grounds for appeal and the person who requested an attachment order (hereinafter referred to as the “defendant”) is too unreasonable.

In light of the various sentencing conditions of the Prosecutor’s instant case, the sentence imposed by the lower court is too uneasible and unfair.

In light of the fact that the Defendant appears aggressive attitude even to the minor stimulate, it is difficult to control the labor union and drinking habits, etc., the Defendant is likely to recommit the murder crime.

Nevertheless, the judgment of the court below which dismissed the defendant's request for an attachment order, is erroneous in the misapprehension of legal principles as to the risk of recidivism, which affected the judgment.

Judgment

Examining the various sentencing conditions in the part of the case involving the Defendant, the following are favorable to the Defendant: (a) the Defendant appears to recognize and reflect the instant crime; (b) the Defendant appears to have committed the instant crime by drunkly and contingently; (c) the bereaved family members of the victim were the Defendant’s wife; and (d) the primary offender who has no record of criminal punishment.

Meanwhile, the crime of this case results in the death of the defendant, who was able to repay his loan from his mother, and hear his occupation. In light of the motive, contents, etc. of the crime, the crime of this case is very poor in light of the motive, contents, etc. of the crime, and there is a result that the victim, who was taking the defendant into care of his mother for a long period of time, was unable to take care of his life between one order. In particular, the defendant was able to take care of the victim's head from the camping room, and the victim could take care of his head again. The crime of this case is highly likely to cause the death of the victim.