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(영문) 서울고등법원 2017.12.22 2017노2979
존속살해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (17 years of imprisonment) is too unreasonable.

2. It is reasonable to respect the sentencing of the first instance judgment where there is no change in the conditions of sentencing compared with the first instance judgment, and the sentencing of the first instance does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court: ① under the circumstances unfavorable to the Defendant, the crime of the instant case is not limited to: (a) the Defendant did not leave the body of the Defendant in intelligence after having his mother blicken with blicken, etc.; (b) it was deemed that the mother received various benefits and pensions under his name when she has concealed the death for a long time; and (c) there is a high possibility of criticism and punishment; (d) particularly, the act of killing the mother is against humanity, and thus, it is inevitable that the Defendant was subject to strict punishment corresponding to the instant crime; and (b) the victim appears to have been able to have been able to have been abandoned by the victim during his/her given favorable period after the Defendant’s growth.

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