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(영문) 대전고등법원 (청주) 2017.01.12 2016노173

존속살해

Text

Defendant

In addition, all appeals filed by both medical care and custody applicants and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (six years of imprisonment) is too unreasonable for the Defendant and the person who filed for the medical care and custody (hereinafter “Defendant”) to be punished by imprisonment.

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

2. Determination:

A. The crime of this case in part of the defendant committed the crime of this case against the defendant's father was committed with a fatal murdering an elderly victim with no discrimination for a period of one hour on the ground that he sold ginseng to the sporadity value, and the method of committing the crime is cruel, and the defendant's pro-friendly investigation agency stated that the defendant's pro-friendly investigation agency cannot take advantage of the fact that the defendant suffered from the sporadity and mental harm since 20 years ago, and the defendant suffered from the spodity and mental harm at the time of the crime of this case. Considering the above circumstances as a whole, considering the defendant's age, sex, environment, health conditions, the circumstances after the crime, and the circumstances after the crime of this case, the court below's punishment is unreasonable or unreasonable, taking into account all the circumstances cited by the defendant and the prosecutor in the argument of this case.

It does not seem that it does not appear.

B. As long as the Defendant and the prosecutor filed an appeal against the Defendant’s case, each appeal regarding the medical care and custody claim pursuant to Article 14(2) of the Medical Care and Custody Act is deemed to have been filed. However, both the Defendant and the prosecutor did not submit any grounds for appeal regarding the medical care and custody claim, while examining the lower judgment, there is no ground for reversal ex officio as to this part.

3. As such, the appeal filed by the defendant and the prosecutor is without merit. Thus, all of these appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, Article 51 of the Medical Care and Custody Act, and Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.