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(영문) 서울고등법원 2017.08.24 2017노640

존속살해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for 16 years.

Sexual assault against the defendant for forty hours.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no intention to kill the Defendant, and there was no intention to commit an indecent act by force.

B. The punishment of the lower court (20 years of imprisonment) and the incidental disposition (40 hours of sexual assault treatment program) are too unreasonable.

2. Determination

A. First, as to the Defendant’s assertion of misunderstanding of facts, I would like to examine whether the Defendant had intention to kill the Defendant’s existence.

According to the evidence duly adopted and examined by the court below, all of the facts and circumstances acknowledged by the court below's reasoning, including the fact that the defendant was deadly aware of the mother's her mother's timber and that the act was one of the causes of death of the mother's her mother's her mother's her mother's her mother's her mother's her mother'

Next, I will examine whether the defendant had the intention to commit an indecent act by force.

According to the evidence duly admitted and examined by the court below, except for all the circumstances acknowledged in the reasoning of the judgment below, the defendant, at the time of contact with the victim's chest, can find the fact that the victim's chest was used for the above, by examining the victim's finger by looking at the victim's chest.

Therefore, it can be sufficiently recognized that the defendant had the intention of forced indecent act.

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

B. As to the wrongful assertion of sentencing, the crime of killing a person who strokes his mother and strokes him is very rough and present in all means and results.

Therefore, criminal liability should be imposed on the defendant.

However, the defendant was born through the care of her mother's her mother's her mother until the time when he/she became adult after he/she she was her mother's her mother's care.

For this reason, the defendant tried to have no parent grow up with his or her own child without parents, but eventually, he or she is divorced from his or her wife.