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(영문) 수원고등법원 2019.11.28 2019노375

존속살해등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles did not intend to make a disguised act as the victim got out of the toilet floor; merely, the victim was unable to do so after the victim died and left in the rash toilet; and even though the Defendant did not have the intent to commit the crime of abandonment of the body, the judgment of the court below convicting the Defendant of the crime of mistake of facts and misapprehension of legal principles.

B. At the time of committing the instant crime, the Defendant was in a state of mental disorder or mental retardation.

C. The Defendant, who is his father, sustained physical and mental suffering due to violence and verbal abuse, etc., caused the Defendant, etc. to kill the victim. Although the Defendant’s crime of this case constitutes murder, the Defendant’s punishment of imprisonment with prison labor for a period of 25 years is too unreasonable, deeming that the Defendant’s crime of this case constitutes murder by ordinary motive.

2. Determination

A. The lower court rejected the Defendant’s assertion of misunderstanding of facts and misapprehension of legal doctrine in detail, on the ground that the Defendant alleged the same purport as the grounds for appeal in this part, and on the ground that the lower court stated in the judgment that “the Defendant and the defense counsel’s assertion of misunderstanding of facts or misapprehension of legal doctrine is “cons

Examining the above judgment of the court below in comparison with the records, the judgment of the court below is just, and there is no error of misconception of facts or misapprehension of legal principles.

Therefore, this part of the defendant's argument is without merit.

B. According to the records on the assertion of mental disorder, it is recognized that the defendant had a drinking condition at the time of the crime of this case, but in light of the background, means and methods of the crime of this case, the circumstances after the crime of this case, etc., the defendant did not have the ability to discern things or make decisions due to drinking at the time of

(2).