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(영문) 서울고등법원 2013.06.28 2013노1477
존속살해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The lower court rendered a comprehensive judgment, based on the following circumstances: (a) the Defendant, who did not have any previous criminal record at all, sought a studio while participating in the Defendant’s wrong judgment; (b) there are grounds to consider the motive of the crime of this case as being committed by the Defendant due to a sudden wrong judgment that was committed by the Defendant, such as the occurrence of the crime of this case; (c) the victim’s bereaved family members immediately immediately after the occurrence of the crime of this case; and (d) the victim’s bereaved family members protested against the Defendant for a serious punishment against the Defendant; and (e) the Defendant’s life and life, who is favorable to the Defendant, appears to have to live in his life at a meeting and in his own book without the end of murdering the mother; and (e) the highest value that the State and society should protect; and (e) even if the same applies in the case of an elderly patient, the Defendant committed an act against strokeing the mother’s homicide, which would have led to the Defendant, as well as the Defendant’s age, character and behavior and circumstances, motive, etc.

In full view of all of the elements of sentencing and sentencing considering the lower court’s consideration, it cannot be deemed that the above sentence of the lower court, which considered the jury’s opinion on sentencing through a participatory trial, is unreasonable compared to the extent of Defendant’s responsibility for action.

This part of the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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