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(영문) 대구고등법원 2017.11.23 2017노429
살인
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) in light of the various sentencing conditions in the instant case, the sentence imposed by the lower court (one year of imprisonment and one confiscation) is too unreasonable.

Judgment

Examining the various sentencing conditions in the instant case, the following circumstances are favorable to the Defendant: (a) the Defendant appears to recognize and reflect the instant crime; (b) the victim’s nursing care was difficult due to economic difficulties and dementia; and (c) the victim did not bear any burden on his awareness; and (d) the victim’s children, who are the bereaved family members, want not want to be punished by the Defendant; and (c) the victim’s children, who were the bereaved family members, wished to be her wife without being punished; and (d) there was no record of criminal punishment other than the past one-time fine.

Meanwhile, the crime of this case is a situation unfavorable to the defendant, where the defendant bears considerable debts, and the wife did not take the part of the victim's disease, such as dementia, and the victim's body failed to kill the victim and commit suicide, and the victim's knife knife and knife, so long as knife and knife the part of the victim's knife. In light of the circumstances and methods of the crime, and the relationship between the defendant and the victim, etc., the crime of this case is committed with very heavy criminal situation, and the act of infringing upon the victim's life as the highest value to be respected in any case, cannot be used for any reason, and the victim's children, who are the bereaved family members of the victim's act, are expected to have suffered a shock

As above, all of the sentencing conditions and jury sentencing opinions in the original instance, which were shown in the records and arguments of this case, such as the defendant's age, sex, criminal conduct and environment, family relationship, motive and background of the crime, method of crime and circumstances before and after the crime, etc., and the jury sentencing opinions in the original instance, which were followed by the citizen participation trial.

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