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(영문) 서울고등법원 (춘천) 2017.12.06 2017노137
존속상해치사
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (five years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. It is desirable to respect the first instance judgment in a case where there is no change in the conditions of sentencing compared with the first instance judgment, and the sentencing of the first instance judgment does not deviate from the reasonable scope of discretion. Although the sentence of the first instance judgment falls within the reasonable scope of discretion, it is desirable to refrain from imposing a sentence that does not differ from the first instance judgment on the sole ground that the difference between the opinion of the appellate court and the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the first instance judgment.

Although the Defendant was suffering from ordinary mental illness, the Defendant committed the instant crime under the state of mental and physical weakness, and the Defendant’s primary offender, etc., in consideration of unfavorable circumstances, such as the anti-humanity of the instant crime and its significant consequences, which caused the death of his mother by assaulting his or her mother, and the fact that it appears, however, that other bereaved families could not receive a letter from others, it cannot be deemed that the sentence imposed by the lower court is too unreasonable to the extent that it goes beyond the reasonable scope of discretion.

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

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

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