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Defendant
In addition, the appeal filed by the person who requested the medical care and custody is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (seven years of imprisonment) on the part of the Defendant case is too unreasonable.
B. As part of the case of the medical care and custody claim, the Defendant and the requester for the medical care and custody (hereinafter “Defendant”) committed the instant crime with the intent of the victim, the risk of recidivism is not recognized.
Nevertheless, the judgment of the court below that sentenced the treatment and custody for the defendant is improper.
2. Determination
A. In a case where there is no change in the conditions of sentencing compared to the first instance trial on the part of the case by Defendant, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). The instant crime is a case where the Defendant murdered the victim, his father, who is his father, by kitchen the victim’s left side side of the victim’s kitchen.
In light of ① the circumstances unfavorable to the Defendant, the lower court: (a) taken into account the fact that the victim was the father of the Defendant’s father; (b) the bereaved family members were deprived of the victim’s life due to the instant crime; and (c) took into account the following factors: (a) under favorable circumstances; (b) the Defendant appears to have committed the instant crime in a state of mental and physical weakness due to mental division; (c) the victim’s bereaved family members were seeking countermeasures against the Defendant; and (d) the Defendant recognized the Defendant as a primary offender with no criminal history; and (e) determined the sentence against the Defendant by comprehensively taking into account all the conditions indicated in the arguments, such as the Defendant’s age, sexual conduct, motive, means and consequence of the crime; and (b) the circumstances after
Such sentencing of the lower court appears to have been conducted within the reasonable scope of discretion by taking into account all the circumstances related to sentencing, which are shown in the proceedings of the instant case, and the circumstances alleged by the Defendant in the trial of a party are sufficient for the lower court to determine the punishment already.