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(영문) 서울고등법원 2014.03.13 2013노4065

존속살해

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is based on the following: (a) the Defendant was a primary offender; (b) the mother who had believed and had believed to be valuated in a flexible manner from the Japanese colonial era had observed and had been shocked by the victim; (c) had been suffering from external stress disorder, such as killing the victim or blueing the victim to kill the victim; and (d) has attempted suicide.

Ultimately, there are circumstances that may be considered in light of the circumstances, such as the following: (a) the victim’s death would lead to the commission of the crime by putting the victim into a wrong notion that all of his problems will be resolved; and (b) the Defendant was in a state of mental disability due to stress disorder at the time of the crime of this case; (c) the mother of the Defendant who is a family member, the mother of the Defendant who is pregnant with her mother, desires to resume her wife; and (d) the Defendant appears to have to live together in a meeting and her responsibility without the end of murdering her father.

However, the defendant's act cannot be used for any reason in that he taken a minor life. Furthermore, the crime of this case is committed on the ground that the defendant, who was engaged in labor in the Gun, by inducing the victim to the scene of the crime in order to kill the victim who is his father, caused the victim to sleep with drinking, confirmed that the victim was snife by drinking, and followed the kitchen knife, and then was killed with knife as the victim knife, knife, knife, knife, knife, and knife, etc., and it is extremely poor that the crime is committed. The victim was committed without attack by the defendant who was knife while knife, and lost his life in extreme pain and fear. The mother and mother of the defendant who was at the scene of the crime were at the time of the crime.