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(영문) 광주고등법원 2015.04.09 2014노421
존속살해등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for seven years.

The number of seized parts shall be two, 1.

Reasons

1. The sentence of the lower court (one-seven years of imprisonment) against the accused and the candidate for medical treatment and custody (hereinafter “defendants”) is too unreasonable.

2. Determination

A. In the part of the defendant case, the defendant committed the crime of this case with the old age of 80 years and his mother, who did not move at all as a class 1 of physical disability, shall imprint the body body of the victim, such as face, chest, shoulder, arms, and legs, which is a lethal weapon, and murder with knife several times to the extent that the victim's timber can be cut completely, and the means and methods are very harsh, and the crime is extremely heavy, and the result of the crime is serious.

However, prior to the instant crime, the Defendant committed the instant crime in a state of mental disability with mental disorder 2nd grade mental disorder, and it is difficult to hold the Defendant accountable for the result of the instant act. The Defendant committed the instant crime in a state of de facto mental disorder, i.e., “a person who is suffering from fluoring shall be in her mother,” and the Defendant appears to have committed the instant crime at the time of committing the instant crime. Since 2003, the Defendant was retired from his place of work and was under the care of the victim, and was under the care of the victim. There was no history of separate punishment prior to the instant crime; the Defendant did not want the Defendant’s punishment; the Defendant’s conditions such as imprisonment with prison labor for more than five years; and the Defendant’s age, character and conduct, circumstances, and other circumstances that are favorable to the Defendant; and the sentencing guidelines set forth in the sentencing guidelines set forth in the Criminal Procedure Committee, including imprisonment with prison labor for more than five years after the Defendant’s imprisonment with prison labor (for more than five years).

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