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(영문) 서울고등법원 2018.09.21 2018노2143

살인

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) (the sentence of imprisonment with prison labor for a period of five years) is too unreasonable.

2. The crime of this case is a matter resulting in the death of a victim, who is only five years of age, on the ground that the defendant should drive away his or her bad faith in his or her body, who is his or her father and wife.

The court below determined the sentencing guidelines for the Defendant in consideration of the following factors: ① The victim’s mother, who is a minor and has an obligation to protect and rear the victim, is likely to murder the victim who is only five years of age, and the victim’s homicide is expected to have suffered considerable pain due to murder from the Defendant, the mother, without any particular resistance; ② the Defendant is fully recognized and is in profoundly against the Defendant’s crime; ② the Defendant depends on alcohol and tobacco that the victim, who is his child, suffers from the diagnosis of cognitive language disorder; and the Defendant was in a state of lacking the ability to discern things or make decisions due to mental disorder such as mental disorder such as mental disorder and alcohol disorder even at the time of the crime of this case; the Defendant experienced a great collapse with the victim’s death; the Defendant’s life ought to live together in the process of taking into account the fact that his spouse’s father and father did not want criminal punishment in addition to the sentencing guidelines for the Defendant’s punishment; and the Defendant did not want to have been punished within one year of punishment.

The sentencing of the court below seems to have been determined appropriately by fully taking into account the above various circumstances, and there is no special change in circumstances that are different from the sentencing conditions of the court below until the trial is held.

A victim, such as C, who is the husband of the defendant with interest of the victim.