(영문) 수원고등법원 2019.10.10 2019노241 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원고등법원 2019.10.10 2019노241

존속살해등

Text

All appeals filed by the defendant and prosecutor are dismissed.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Reasons

1. Determination on the defendant's case

A. The summary of the grounds for appeal 1) The sentence imposed by the lower court (20 years of imprisonment) is too unreasonable, as it is too unreasonable. 2) The sentence imposed by the lower court is too uneasible and unfair.

B. The judgment of the court below is that the defendant murdered his father and her stroke, and the case is serious and not good in light of the content and method of the crime of this case, reflect sociality or anti-humanity, etc. The life of a person is the highest legal interest and the most dignity value that the State and society should protect, and the act of infringing it is a serious criminal act that cannot be justified. The defendant showed violence tendency to the victims due to mental illness, and exercised violence against the victims, and eventually caused the victims to die due to the crime of this case, and eventually the victims died of extreme pain due to the crime of this case, and the bereaved families of the victims suffered a huge mental shock and pain due to the death of the victims are disadvantageous to the defendant.

On the other hand, there are circumstances favorable to the defendant, such as the fact that the defendant has divided the defendant's wrong, that the defendant committed the crime of this case in a state of mental disability with a considerable fall in normal judgment ability due to a summons due to a death or illness, and that the defendant has no other criminal records other than a single fine.

Comprehensively taking account of the above circumstances and various circumstances, which are the conditions for sentencing as seen earlier, the Defendant and the prosecutor’s assertion of unreasonable sentencing is without merit, since the lower court’s sentence imposed on the Defendant is heavy or unreasonable.

C. Thus, the appeal by the defendant and the prosecutor is dismissed as all are without merit.

2. On the other hand, the prosecutor determines the medical treatment and custody of the accused in this court.

유사 판례

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