209No249 homicide

class:

Ratification

Reference domicile

Prosecutor

In-depths

Attorney Seog-young (Korean National Assembly Line)

Daegu District Court Decision 2009Gohap136 Decided May 18, 2009

July 30, 2009

The prosecutor's appeal is dismissed.

1. Summary of grounds for appeal;

The sentence of the court below (two years and six months of imprisonment) is too unhued and unfair.

2. Determination

The crime of this case is committed by murdering one's wife who has been living for eight years, and the victim's words "the victim suffering from mental illness" did not fulfill his duty of support as her husband who is to support the victim, and thus, the crime of this case is not less vulnerable. However, the victim has been hospitalized several times due to mental division and bipolar disorder before marriage with the defendant, and the victim has been suffering from several times since mental division symptoms before the crime of this case, and it is believed that family members including the defendant, including the defendant have experienced considerable physical and mental pain and family life difficulties. The defendant is living his best for the remaining family in the future after his mistake is divided, and the victim's words "the victim's mind that the defendant suffered from mental illness is sufficiently understood," and no punishment is imposed on the defendant, and the victim's child's mental disorder has not been imposed on the defendant, and there is no other circumstances such as the defendant's mental behavior and behavior that are adequate and unfair.

3. Conclusion

Therefore, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

Hunting Judge of the Constitutional Court

Judges Lee Jae-deok