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(영문) 대구고등법원 2020.11.25 2020노348

존속살해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seventeen years.

Seized evidence as referred to in subparagraphs 8 through 18 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (12 years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of this case is that the wife of the defendant's wife borne a large amount of debt and demanded the repayment of debt from many obligees, and the defendant's life was incomforcing with his wife and other family members to commit suicide, and the wife kills the defendant's mother's wife and children first, and aided the wife's suicide.

The Defendant recognized the instant crime and shown his attitude to repent of his mistake.

The Defendant’s wife caused approximately KRW 3 billion by the Defendant’s wife, and urged the obligees to repay, and accordingly, attempted suicide continuously. As to the Defendant’s wife’s wife’s wife’s suicide, all of his/her family members were able to terminate the instant crime and committed the instant crime, and there is room for partial consideration in the motive leading to the commission of the crime.

Defendant also attempted suicide and failed, and as a result, Defendant seems to live in the remaining life of the human being.

Other bereaved family members of the victims (victim C's children) want to take the action against the defendant by the East F of the defendant, the mother of the victim B, the East K, and L.

Defendant has no record of punishment, other than one time of punishment of a fine.

However, since the life of a person is an important value that cannot be altered, and it is absolute that cannot be recovered in any way, the murder by infringing it cannot be justified or used for any reason.

Even though the defendant was living together with the victim's mother and children and supported them, it cannot be said that the victims of personality chain who are independent of himself/herself cannot live in mind.