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(영문) 서울고등법원 2016.11.11 2016노2629
존속살해등
Text

Defendant

In addition, all appeals filed by the respondent A, the defendant B, and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the following: (a) Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”), and Defendant A (hereinafter “Defendants”); and (b) Defendant B (hereinafter “Defendants”), each sentence of the lower court against the Defendants (hereinafter Defendant A’s imprisonment with prison labor for 10 years and imprisonment for 10 months for 10 years) is considered to be passive and insignificant; (c) Defendant A’s victim, who had been home home at the time of the instant case, had serious violence and exercised violence against Defendant A; (d) Defendant A fightd his body during the process of defending the victim’s assault, and caused the victim’s death by chance; (e) Defendant A was living with severe images on face and hand; and (e) Defendant B’s participation in the crime of abandonment of the body was passive and insignificant.

B. The prosecutor 1) The case of inappropriate sentencing regarding the Defendant 1’s case of the case of the case of the case of the case of the case of the case of the inappropriate sentencing is the case where Defendant A assaulted the victim without any discrimination, resulting in the death of the Defendants, left the body while the Defendants left the body for their death, and abandoned the body to the nearby mountain, and Defendant A committed an anti-human act resulting in the death by leaving the victim who is not under good health condition for the visually disabled, and Defendant B also abandoned the body and filed a false report that the victim was missing to the police, and thus the crime is inferior to the nature of the crime. Nevertheless, considering the fact that the Defendants did not assert that the cause of the crime of the case of the case of the case is due to violence by the victim, the lower court’s each punishment against the Defendants is unreasonable. 2) The lower court’s dismissal of the request for an attachment order of the case of the case of the case of the attachment order is highly likely to repeat the crime by considering the degree of risk

2. Determination on sentencing of the Defendant case

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