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(영문) 서울고등법원 2019.05.10 2019노368
존속살해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the part of the Defendant case, the sentence imposed by the lower court on the Defendant, the requester for medical treatment and custody, the requester for attachment order, and the requester for probation order (hereinafter “Defendant”) is deemed to be too uneasible and unfair.

B. According to a written investigation and a written mental appraisal before a partial claim for an attachment order and a probation order request, it is unreasonable for the court below to dismiss all of the prosecutor’s request for attachment order and probation order by predicting the defendant’s future outcome as it is uncertain that the risk of recidivism is low through a mental therapy, despite the opinion of an expert who shows the symptoms of the damage and reality judgment disorder and is likely to repeat a crime without a mental therapy.

2. Although the Defendant committed the instant crime in a state which has weak mental and physical strength due to a man-made injury, considering the fact that the Defendant’s judgment on the part of the Defendant case committed the instant crime, the life of a person may not be altered, and thus, is an absolute value that should be protected in all circumstances, and in particular, our Criminal Act considers the respect and love for the lineal ascendants of his or her lineal ascendants as an essential part of social ethics as an essential part of social ethics, and has a provision for aggravated punishment for murder against his or her lineal ascendants, the Defendant’s murder of his or her father who committed a life-long life is a failed and anti-social crime that cannot be used for any reason.

The defendant's crime of this case presumed that the victim was suffering from extreme physical and mental pain while suffering from the birth of the victim due to the luminous violence of the son, and not only the victim's bereaved family members were suffering from the difficult mental suffering and mental impulses.

However, the defendant is a person with a mental disability of class 3 with a disability of class 3, with a network of damage, and the logical connection in the accident process is very complete, and it is a self-defensive logic.

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