(영문) 서울고등법원 2020.10.15 2020노1221 | 리걸엔진

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Reasons

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자간(%)

(영문) 서울고등법원 2020.10.15 2020노1221

존속살해등

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Defendant

In addition, both the applicant for medical treatment and custody and the applicant for attachment order and the prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Part of the Defendant case (hereinafter “Defendant”) 1 and an applicant for medical treatment and custody as well as an applicant for attachment order (hereinafter “Defendant”) are limited to the Defendant.

2) The sentence imposed by the lower court (one year of imprisonment) is too unaffortable and unfair. 2) The sentence imposed by the lower court is too unaffortable and unfair.

B. The part of the claim for attachment order (public prosecutor) is in a situation controlled by the group even if the defendant shows a usual and consistent appearance, it is likely that the defendant will be affected by the appraisal and impulse control and have violent inclinations. Accordingly, the person who will be in charge of the defendant in the future will be exposed to the risk of murder. According to the KSAS-G evaluation tool (KSAS-G), the defendant's risk of recidivism should be considered as "high risk of recidivism" and the evaluation result should be considered as an important evaluation factor at the time of judging the risk of recidivism of the crime of murder. Even if the defendant received medical treatment and custody in the future, it is impossible to find whether the defendant completely recovers from the medical treatment and custody, and even if the medical treatment and custody is terminated, it is predicted that the symptoms will worsen if the medical treatment and custody becomes terminated, it is improper to dismiss the claim for attachment order.

2. Determination:

A. The lower court: (a) committed murdering the part of the Defendant’s case ① (i) the highest legal interest protected by the State or society through the law, and the highest value of human life, is a very serious crime. In particular, murdering a lineal ascendant is an anti-social and anti-humanistic criminal that cannot be used in our society; and (b) the Defendant, through his/her own act, brought the victim’s head back several times only on the ground that the victim is married continuously in the future; and (c) murdering his/her father, who is his/her father, based on the motive for committing the crime, instrument or method of use used for committing the crime, the frequency or consequence of attack, etc., is very poor.

유사 판례

-부산고등법원 2020.02.05 2019노542

-서울고등법원 2014.04.18 2014노261

-대구고등법원 2020.05.27 2019노510

-부산고등법원 2015.07.22 2015노314

-서울고등법원 2019.05.10 2019노368