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(영문) 서울고등법원 2018.09.20 2018노731
존속살해
Text

All appeals by the defendant and the prosecutor are dismissed.

A person who applies for a medical care and custody shall be punished.

Reasons

1. Summary of the grounds for appeal (the part of the case against the defendant)

A. The sentence imposed by the lower court (15 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 crime of this case is determined that the defendant murdered the victim, who is the victim with the kitchen knife, 2 to 3 times, and the left part of the knife, so far as long as the crime of this case is committed.

Human life is a small and absolute value that cannot be altered.

The Defendant killed the victim due to the death of the victim (the death of around 2000) on the network that the victim died.

In light of the fact that the Defendant obtained the resistance of the victim in the course of cutting the part of the victim with the kitchen, brought another kitchen knife to another kitchen knife, and deep the part of the victim's kitchen knife, the method of crime is very cruel.

The defendant's act of killing a lineal ascendant or a lineal ascendant or a descendant is a failed and anti-social crime for which it is impossible to receive any tolerance for any reason, so it is inevitable to punish the defendant with strict punishment corresponding thereto.

A victim who had difficulty in living due to cerebral emerculation seems to have suffered from extreme pain and fear by committing an attack against the defendant in the state of emerculation.

The Defendant did not take any relief measures after committing the crime and sent show show shower, clothes, and other acts.

The above is the circumstances unfavorable to the defendant.

On the other hand, the defendant recognized his wrongness and is against himself.

The Defendant committed the instant crime in a state of mental and physical weakness, which lacks normal judgment due to editing illness, etc.

After committing the crime, the Defendant himself was able to go to the police station.

The defendant has no history of criminal punishment in the Republic of Korea.

The parent and the mother of the defendant who was the bereaved family members of the victim wanted to have the main wife of the defendant.

The above is the circumstances favorable to the defendant.

The above circumstances and circumstances.

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