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(영문) 대구고등법원 2014.05.15 2014노107
살인
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (five years of imprisonment) by the lower court is too unreasonable.

2. The crime of this case committed by the Defendant around May 201, after the Defendant died with her husband, and received basic livelihood security benefits without having a job due to bad health conditions, etc., and living conditions and difficult for elementary school students, and murdered with his or her wife while living together with his or her dependants, which may be considered in comparison with the common murder crime. There are circumstances such as the following: (a) the Defendant murdered the victim and killed his or her wife; (b) he or she failed to kill her wife and voluntarily surrenders his or her wife; and (c) the Defendant caused the death of his or her husband, resulting in the death of his or her wife, and thus, the Defendant seems to have become aware of the reduction of the punishment and the suffering from the crime added to his or her punishment.

However, as a mother of the injured, the Defendant is responsible for protecting the life of the injured and raising healthyly the injured, and is a parent, and cannot be the life of his own child with a personality chain independent of himself.

In addition, human life is the highest value that should be guaranteed and respected in any case.

Although the defendant suffered from her husband's death due to her husband's death, and there was a circumstance that it was difficult to conduct economic activities because her husband's health conditions were not good due to mathrosis, brain color, and urology. However, in light of the fact that the parents who have contributed to and sacrificed for her child in the difficult environment can frequently see the parents who have contributed to and sacrificed for her child in our surroundings, the above circumstance is not a circumstance that the defendant's wrong choice leads to the birth of the victim before her bluence while her lives in this case, by means of voluntary mitigation or discretionary mitigation, a lower punishment than the statutory punishment is not a circumstance.

In addition, sentencing, such as the age, character and conduct, environment, power, motive, means and result of the instant crime, the circumstances after the crime, etc.

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