존속살해미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for two years.
However, for three years from the date this judgment becomes final and conclusive.
1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.
2. The instant crime is a matter that the Defendant attempted to murder the victim, who is his mother, and upon receiving a report from the Defendant’s father and wife, attempted to commit the instant crime to the police officer’s restraint.
An offense committed by a defendant who has taken the life of his mother by itself is highly likely to be subject to criticism due to an anti-humanistic offense, and the nature of such offense is not good due to the risk of transferring the attitude of his act.
On the other hand, the defendant, after marriage, has been divorced in the state where he had two children in about three years of marriage, and the victim, who was able to engage in his occupation, was raising two children.
The victim caused the misunderstanding of the Defendant to the effect that he would leave son by the Defendant’s marriage against the victim. After the father of the Defendant died in 2011, the relationship between the Defendant and the victim aggravated, the Defendant was divided into a son by leaving son to the victim.
The Defendant, who had been living together with the victim, did not dispute with the victim three days prior to the crime of this case and found the Defendant, had the appraisal he had been accumulated by the victim during the period of the crime of this case. Considering that the Defendant might not be able to reduce the awareness that he and the victim would have to die on the day of the crime of this case.
In light of the fact that the Defendant was diagnosed by depression at the K Hospital immediately after the instant crime was committed, it appears that the Defendant had had the symptoms at the time of the instant crime. Such mental state of the Defendant appears to have affected the instant crime.
The Defendant, who had no record of criminal punishment in the past, is recognized as an initial offender, and against himself, and the victim stated in the trial that he did not assault the victim before committing the instant crime.