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(영문) 서울고등법원 2014.12.11 2014노3003
존속유기치사등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment with labor for the first instance (two years and six months) is too unreasonable.

(b)the sentence of the first instance court for the inspection is too uneasible and unreasonable;

2. In the crime of this case, although the father, who is the father, has been physically and mentally weak enough to keep the victim from being able to face, the defendant neglected not only hospital treatment, food and heating, but also without providing the victim with proper food and heating, resulting in the victim's death, and the crime of this case is not somewhat weak.

In addition, the Defendant inflicted injury on the victim, such as the bones of neute, etc.

On the other hand, however, the defendant's perception of committing the crime of this case and reflects his mistake in depth, and the defendant has been living alone while suffering from economic difficulties due to other punishments or relatives without assistance, and the circumstances leading up to the crime of this case are considered. The defendant has endeavored to prepare measures to support the victim, such as filing an application for long-term care benefits, etc. for the victim. The defendant has no criminal records exceeding fines, and relatives such as the victim's brothers and sisters want to take care of the defendant's wife, etc., taking full account of all the various types of punishments and similar cases on the defendant mentioned in the records of this case, the first instance court determined the scope of the applicable punishment in which the court reduced the amount of punishment (two years from June to 20 years of imprisonment) and sentenced two years and six months of imprisonment corresponding to the lower limit, and it is not deemed improper to deem that it is too hot or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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