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(영문) 대구고등법원 2017.02.03 2016노661
존속살해등
Text

1. All appeals filed by the Defendant and the requester for the medical care and custody and the prosecutor for the attachment order are dismissed.

2...

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant and the person who filed an application for the custody order and the person who filed the application for the attachment order (hereinafter “the defendant”) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the part of the Defendant case, the Defendant murdered the victim D, his mother, with a knife, at least five times, and attempted to murder the victim E, who is a knife, with a knife, and attempted to kill the victim E, which is a knife, by entering a knife and taking a knife in the vicinity, and committed a crime of fraud, theft, and interference with the performance of official duties.

The Defendant committed a failed crime of cruel murder of her mother, committed a serious injury to the victim E, who was the birth, and did not receive a letter from her bereaved family.

In this respect, the defendant cannot be held seriously responsible for it.

On the other hand, the Defendant led to the confession and mistake of the crime, and committed the crime of murder, attempted murder, and special robbery under the lack of the ability to discern things or make decisions due to early illness, and the rest of the crime appears to have been committed under the development of early illness.

In full view of such circumstances as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, etc., as well as the circumstances, the lower court’s punishment is determined to be within the appropriate scope of sentence corresponding to its liability, and it does not seem that the sentence is too heavy or unreasonable as it is too heavy.

Therefore, we cannot accept all the defendant and prosecutor's argument.

B. As to the part of the medical treatment and custody claim case, each appeal by the defendant and the prosecutor against the defendant case.

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