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(영문) 대구고등법원 2015.04.30 2014노673

살인등

Text

1. The part of the judgment below regarding the defendant's case shall be reversed.

2. The defendant shall be punished by imprisonment with prison labor for five years;

3. The case.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In regard to murder, there was a fact that the Defendant took part in the victim’s life order by hand, but there was no fact that the Defendant murdered the victim by preventing the victim’s injury and coin.

B) As to the violation of the Child Welfare Act, the Defendant left the victim in a house where electricity and heating are not supplied, while there was a fact between the Defendant and the PC room. However, once a day, the Defendant entered the house and boomed the victim two times a day. Therefore, the Defendant cannot be deemed to have been negligent in neglecting the basic protection and rearing of the victim. 2) Even if the facts charged in the instant case are found guilty, the lower court’s punishment (15 years of imprisonment) is too unreasonable in light of the circumstances of each of the instant crimes, etc.

B. Prosecutor 1) In light of the process and consequence of the instant crime, the relationship with the victim, the Defendant’s attitude before and after the instant crime, etc., the lower court’s punishment is too uneasible and unfair. 2) According to the following: (a) the Defendant committed the instant crime, who committed the murder after committing the instant crime; (b) according to the attitude after the instant crime; (c) the degree of risk assessment against the Defendant; (d) the degree of risk assessment against the Defendant’s Korean type of crime; and (e) the method of screening the mentally ill persons; and (e) the risk of committing murder again in the future.

Therefore, the lower court’s dismissal of the Defendant’s request for the instant attachment order on the ground that there is no risk of recidivism.

2. Determination as to murder

A. The summary of the facts charged was that the Defendant, from March 6, 2014 to March 20:33, 2014, carried out an Internet game in the PC room from March 7, 2014, and returned back to the Defendant’s house (Guiam 101 Dong 617) and purchased food at a powder house that happens to sleep, and was drinking to the victims G (26 months) of the son, and was diving again to the victim from March 7, 2014 to 14:00.

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