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(영문) 광주고등법원 (전주) 2017.02.03 2016노183
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. The sentence of the lower court (five-year imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The crime of this case is determined by the Defendant’s attempt to commit suicide with the willful negligence on the death of a child who was 31 months after his birth. Since such crime is considered to be owned by his child and disregards the value of his life, it cannot be absolutely paid.

However, if the defendant was found to have committed the crime of this case for the first time, the defendant committed the crime of this case in a state of mental and physical weakness due to the polar disorder, etc., and even though the defendant attempted suicide due to the above mental disorder, it seems that the defendant's family did not take appropriate measures, such as raising the child separately from the defendant, it seems that the defendant's husband's fault was affected by the crime of this case, and that the defendant's husband's husband's husband's fault was responsible for the defendant's wife and the defendant's wife was dead.

In addition, considering the various sentencing conditions in Article 51 of the Criminal Act and the scope of the recommended sentencing guidelines established by the Supreme Court sentencing committee, such as the defendant's age, sex, environment, background, means and consequence of the crime of this case, and the situation before and after the crime of this case, the court below's punishment against the defendant is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled again as follows.

[Grounds for a new judgment] Criminal facts and summary of evidence recognized by the court is identical to the facts constituting a crime and summary of evidence, and thus, the summary of evidence is identical to each corresponding column of the judgment of the court below. Thus, it is acceptable in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Article 250(1) of the Criminal Act relating to the facts constituting an offense (the term of imprisonment with prison labor);

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