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(영문) 대전고등법원 (청주) 2014.01.23 2013노204
존속살해
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s imprisonment (10 years of imprisonment, confiscation) against the Defendant in summary of the grounds for appeal is too unreasonable.

2. The judgment: (a) the Defendant reflects the Defendant’s mistake in depth; (b) the Defendant was suffering from fluench due to frequent external and violent inclinations of the victim from the time of his age, and the Defendant was living together with the victim after her mother’s death on November 201; and (c) the Defendant was frequently disputed with the victim while living together with the victim after her mother died. At the time of the instant case, when the victim exercised violence, decentralization against the victim who was under detention during that period, temporarily explosions and prevents the instant crime; (c) the Defendant committed the instant crime under the state of mental and physical disability; (d) the victim’s bereaved family members were fluencing the Defendant and wanting to live with the victim; and (e) the Defendant was favorable to the Defendant, such as the Defendant’s living without any criminal power.

However, taking into account the following circumstances: (a) the Defendant, who is the father of the victim who is 75 years of age due to fireworks, has been making several times the head of the victim, and the Defendant committed a fatal crime that kills the victim by means of the victim’s hair, chest, earing part, etc.; (b) the occurrence of serious consequences that the victim lost his life due to the instant crime; (c) the Defendant requires punishment corresponding to the relevant crime; and (d) the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, means of the crime and consequence of the crime; and (e) various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court within the scope of the recommended sentencing guidelines cannot be deemed unfair.

Therefore, the defendant's assertion of unfair sentencing is without merit.

In light of the fact that the victim is the father of the defendant as the elderly of 75 years of age, the records are shown, such as the fact that the victim has frightened the defendant by drinking ordinary alcohol and neglecting the spirits.

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