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(영문) 서울고등법원 2017.06.08 2017노1028
존속살해
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six years of imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court: (a) took into account the following circumstances into account: (b) murder is a serious crime in which it is impossible to recover damage caused by the murder of a human life, which is absolutely protected; (c) the crime of this case is a murder of one’s father; (d) the crime of this case is an anti-human offender; and (e) the victim suffered a great pain to the bereaved family members; (c) the victim has continuously exercised violence against the Defendant and his family members; (d) on the day of this case, the victim under the influence of alcohol committed the crime of this case while drunkly under the influence of alcohol; (e) the victim committed the crime of this case while under the influence of alcohol; (e) the Defendant directly reported the instant crime immediately after the instant crime; (e) the Defendant has no record of criminal punishment in Korea; and (e) most of the bereaved family members of the victim wanted the Defendant’s prior wife; and (e) determined the sentencing criteria and the Defendant’s age, age, family environment, motive, means and circumstances after the instant crime.

When the sentencing of the lower court’s judgment is fully taken into account in the first instance court, the lower court’s judgment exceeded the reasonable bounds of discretion.

As there is no change in the sentencing conditions that can be seen as being unfair to maintain the judgment of the court below as it is, the sentence of the court below cannot be deemed unfair because it is too heavy or unbrupted.

Therefore, all of the defendant and prosecutor's unfair arguments about sentencing are not accepted.

3. Conclusion.

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