존속살해미수
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for not less than three years and six months.
1. Summary of grounds for appeal;
A. Inasmuch as the Defendant voluntarily surrenders himself/herself, punishment ought to be mitigated. 2) The Defendant constitutes an attempted suspension of a crime by a person who voluntarily surrenders himself/herself, and thus constitutes an attempted suspension, punishment ought to be mitigated or exempted.
B. The sentence imposed by the court below on the defendant (two years and six months of imprisonment) is too unreasonable.
2. Determination
A. Determination of the misapprehension of the legal principle as to the assertion of mitigation of a self-denunciation is 1) The phrase “self-denunciation” under Article 52(1) of the Criminal Act is established when the criminal voluntarily reports the criminal facts to an investigation agency and expresses his/her intent to seek the prosecution. As such, the method of reporting the self-denunciation is not subject to any legal special restriction, and thus,
(Supreme Court Decision 64Do252 Decided August 31, 1964). Moreover, the Defendant voluntarily surrendered.
Even if the court voluntarily surrenders the self-denunciation, it is merely a mere fact that the court can voluntarily reduce the punishment, and the court below did not reduce the self-denunciation.
It shall not be deemed unlawful on the ground that the court did not render a judgment on the assertion for mitigation of a self-denunciation.
(B) In full view of the following circumstances acknowledged by the lower court and the duly admitted evidence duly admitted and investigated by the lower court, the fact that the Defendant voluntarily reported his/her criminal act through F and the Defendant expressed his/her intent to seek the disposition thereof can be acknowledged.
However, the defendant voluntarily surrendered.
Even if self-denunciation is not a legal reason for voluntary mitigation, and the court below did not decide on it.
Even if it is not illegal, it cannot be considered unlawful.
Therefore, this part of the defendant's argument is without merit.
However, as seen earlier, the above number of people of the defendant should be considered as the reasons for sentencing.
(1) The defendant shall consistently file a written accusation from the original judgment to this court.