상해치사
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence of the lower court (five years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Although the Defendant did not have the ability or ability to improve the mental illness for a long time, due to the victim who did not seem to have any particular roadway even in the treatment of the mental illness, the Defendant took advantage of the parent’s attitude toward the appropriate and reasonable manner that it is difficult for the victim to find out the propriety and reasonableness of the treatment, thereby causing injury to the victim. Ultimately, the Defendant committed the instant crime that caused the victim to feel a life in the suffering.
The above act of the defendant, beyond the limit of the risk that can be socially accepted, led to the severe death of the defendant, and the victim's bereaved family members also suffered a big mental pain and suffering.
A parent who is a bereaved family member of a victim was unable to agree with the victim.
These points are disadvantageous to the defendant.
However, the defendant shows a profound attitude to reflect the victim's death.
Although there was an unreasonable method, the Defendant committed the instant crime under the belief that her mother can treat the victim upon request by her mother. As such, there is room to consider the circumstances of the instant crime.
At the time of committing the instant crime, the parents of the victim took part in the awareness of the victim's retirement. Accordingly, since the father of the victim was indicted as the accomplice of the instant crime along with the Defendant and was punished for a suspended sentence of five years in imprisonment with prison labor for three years, these circumstances need to be considered.
From July 24, 2009, the Defendant continuously received drugs treatment, etc. from around July 24, 2009, such as “cerebral disease, brain damage, and disorder in action due to abnormal brain function,” and such circumstance is the same.