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(영문) 서울고등법원 2016.03.11 2015노3480
존속살해미수
Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (four years of imprisonment) is too unreasonable.

2. The judgment of the defendant and the person entitled to the care and custody for the victim (hereinafter “the defendant”) have various conditions favorable to the defendant, such as the following: (a) the defendant and the person subject to the care and custody for the victim (hereinafter “the defendant”) have received long-term treatment from the enemy, and the defendant had a knife knife with the victim; and (b) the defendant committed the instant crime under the mental and physical weakness; (c) the defendant recognized the instant crime, thereby against his mistake; and (d) the victim is also seeking medical treatment rather than the punishment of the defendant; (c) the instant crime was committed in the attempted crime; and (d) the defendant was sentenced to a fine of 50,000 won due to the crime of bodily injury, and there are no other special criminal records.

However, the crime of this case is committed by the defendant's wife and waiting for a knife with a knife for the victim who had been supported by him for a long time. There are circumstances such as the following: (a) the victim's attempted to kill the victim by continuously exposing the knife of the body of the victim who opened the front door and entered the front door; and (b) the victim's attempted to kill the victim by continuously displaying the knife; (c) in light of the specific details and circumstances of the crime; (d) the method and degree of the crime; (e) the crime is highly dangerous; (e) the victim was hospitalized by considerable injury; and (e) the defendant was hospitalized by the victim due to the defendant's criminal act; and (e) the defendant was committed frequently during the long-term medical treatment without any particular reason to the neighboring person; and (e) the family members who care the defendant and the defendant were unable to cope with it.

In addition to all these circumstances, the defendant's age, sex, environment, motive and circumstance of the crime, the means and consequence of the crime, all of the sentencing conditions shown in the records, such as the circumstances after the crime, and the sentencing guidelines of the Supreme Court sentencing committee applicable to this case.

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