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(영문) 서울고등법원 2020.11.19 2020노1442

존속살해등

Text

Defendant

In addition, all appeals filed by a person subject to medical treatment and custody, a person subject to probation order and a prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. The sentence of imprisonment (10 years of imprisonment and confiscation) imposed by the court below is too unreasonable for the defendant and the requester for medical treatment and custody, or the requester for probation order (hereinafter “defendant”).

B. Prosecutor 1) In light of the status of the Defendant’s mental illness in the part of the Defendant’s case regarding probation order claim, and the method and circumstances of the instant crime, etc., the probation against the Defendant is necessary due to the high risk of recidivism.

Nevertheless, it is unreasonable for the court below to dismiss the request for probation order.

2. Determination

A. As to the part of the Defendant case, murder is an act of cutting the life of a person with heavy and absolute value to the extent that it cannot be altered, and is a serious crime that makes it very serious result and makes it impossible to recover damage therefrom in any way.

Therefore, murder can not be paid for any reason.

The crime of this case is one of the anti-social crimes in which the defendant, who suffers from mental illness for a long time, knife knife knife and knife knife knife, and the crime is very poor in light of the means and methods of the crime.

It seems that the victim who was killed with her own food's loss was killed with severe physical pain in the process, as well as with extreme mental shock that could not be expressed verbally.

Nevertheless, the defendant did not seem to have the mind of committing the crime against the victim, and still seems to have been aware of the damage awareness, and expressed the attitude that the victim was able to face.

With the Defendant’s crime of this case, the bereaved family members, including the Defendant’s her mothers, seem to have a life-sustaining pain and suffering, and live together.

Such circumstances are disadvantageous to the defendant.

(b).