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(영문) 서울고등법원 2017.08.31 2017노2024
존속살해등
Text

Defendant

In addition, all appeals filed by both medical care and custody applicants and prosecutor are dismissed.

Reasons

The summary of the grounds for appeal is that the punishment (10 years of imprisonment and confiscation) imposed by the lower court on the Defendant and the person who applied for the medical care and custody (hereinafter “Defendant”) is too unreasonable.

The sentence imposed by the court below on the defendant is too uneasible and unfair.

Judgment

The part of the case against the defendant is favorable to the defendant, such as the court below's statement in the "decision of sentence" column.

In particular, the Defendant, without any particular reason, killed her mother in a knife or in a cruel manner after having talked with knife or cutting the knife with the knife, and committed the instant crime at an unfavorable condition, such as the fact that her criminal tool and clothes have escaped after committing the crime, etc., and that the instant crime was committed in a state of mental and physical weakness due to mental illness, including favorable circumstances such as the victim’s father and her mother who is the bereaved family member and her mother wanting to take the knife against the Defendant, the Defendant’s age character and character environment, motive and means of the crime, the motive of the crime, the circumstances after committing the crime, etc., and the sentencing guidelines of the Supreme Court Sentencing Committee, it is not recognized that the sentence imposed by the lower

All the arguments of the defendant and the prosecutor are without merit.

As long as the Defendant and prosecutor filed an appeal on the part of the medical care and custody claim case, they shall be deemed to have filed an appeal on the medical care and custody claim pursuant to Article 14(2) of the Medical Care, Custody, etc. Act. However, even without stating the grounds for appeal on the medical care and custody claim in each petition of appeal or each appellate brief, no ex officio examination is required to find the grounds for destroying the part of the judgment below’s medical care

In conclusion, the appeal filed by the defendant and the prosecutor is without merit. Accordingly, Article 364(4) of the Criminal Procedure Act and Article 51 of the Medical Care and Custody Act and Article 364(4) of the Criminal Procedure Act are different.

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