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(영문) 부산고등법원 2018.07.26 2018노293

존속살해등

Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for eight years.

Reasons

1. The sentence imposed by the lower court (one-year imprisonment, etc.) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant: (a) killed his mother’s stroke, stroke, stroke, etc. after driving his mother’s stroke.

The act of killing the mother of this case is a serious criminal act against humanity, and the responsibility for such crime is heavy.

The victim was vulnerable to the violence of the defendant due to the symptoms of dementia in old age.

The victim's upper part and the remaining scene of the crime is harsh.

In light of the method, method, etc., the Defendant, rather than intended to reduce the suffering of her mother, is expressed in the last net of the mother, and is not in the nature of the crime.

However, the Defendant had supported the symptoms of dementia for several years, and on the day of the crime of this case, the Defendant visited the medical care center in which the victim was living, confirmed the face of the victim, and returned to the hospital without being hospitalized.

The defendant seems to have committed a contingent crime under the influence of alcohol while looking at the mother who was suffering from dementia.

The leakage and dynamics of the defendant, who is the bereaved family members of the victim, do not want to be punished by the defendant, and the defendant himself seems to have met after the crime of this case and experienced mental pain and criminal liability.

The social relationship of the defendant is relatively clear.

In addition, with respect to the Defendant’s fraud crime of this case, the victim did not want punishment against the Defendant by agreement with the victim in this court.

It is also advantageous to the defendant that he has been sentenced to suspended sentence or heavier punishment due to the same violent crime, or that he has no record of fraud.

In addition, in full view of the defendant's age, sex, family relationship, and circumstances after the crime, etc., the court below was sentenced.