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(영문) 부산고등법원 2014.01.16 2013노582
살인
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (three years of imprisonment, four years of suspended execution) is too unfluent.

2. The instant crime is deemed to require strict punishment of Defendant on the ground that the victim’s minor life, which is only two months after the birth of the Defendant, to be brought up and protected with love even in any context, is not somewhat less than the nature of the crime.

However, in light of various sentencing conditions, such as the defendant's erroneous recognition of his or her mistake, the defendant committed the crime of this case in the state of mental and physical disability caused by depression after childbirth, the husband of the defendant's husband who wants to continue his or her marriage life with the defendant, and the defendant has expressed his or her will to live a normal life, and the defendant's social relationship is clear, and other various sentencing conditions such as the defendant's age, health, family relationship, circumstance leading to the crime of this case, circumstance leading to the crime of this case before and after the crime, etc., the court below's punishment against the defendant is too uneasible. Thus, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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