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(영문) 서울고등법원 2015.12.10 2015노3101

상해치사등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for ten years.

Reasons

1. Progress of litigation;

A. On August 10, 2014, around 21:00 on October 2, 2014, around 14:00 on October 2, 2014, around 19:10 on October 16, 2014, the lower court acknowledged that the Defendant inflicted each injury on the Victim F, while carrying a dangerous industrial knife, around 14:00 on October 2, 2014, the Defendant threatened the Victim F with an industrial knife, which was a dangerous industrial object, on October 14:00 on November 10, 2014; the Defendant inflicted an injury on the Victim F and caused the death; the Defendant concealed the dead body around 01:0 on November 10, 2014; the fact that the victim’s smartphone was killed on October 15, 2014; Article 125(1)7(1) of the Criminal Act, each of the charges imposed on the Defendant under Article 17(2)15(1) of the Criminal Act.

B. As to the lower judgment, the Defendant and the prosecutor appealed on the grounds of unreasonable sentencing, and the trial prior to remand rejected all the claims of the Defendant and the prosecutor, and dismissed the appeal.

C. The Defendant filed an appeal against the judgment of the party before remanding the case on the ground of unfair sentencing. The court of final appeal rendered a decision of unconstitutionality on the part of Article 3(1) of the former Punishment of Violences, etc. Act (amended by Act No. 7891, Mar. 24, 2006; Act No. 12896, Dec. 30, 2014; hereinafter the same) which applied by the court below to the act of carrying dangerous goods after the Constitutional Court rendered the judgment prior to remanding the case on the grounds of unfair sentencing (Article 260(1), 283(1), and 366 of the Criminal Act on “a person who committed a crime under Article 260(1) of the Criminal Act by carrying a deadly weapon or other dangerous goods with a deadly weapon or other dangerous goods, etc.” (Article 260(1), 283(1), and 394, 2015Hun-Ga39, 2015; 2015Hun-Ga15, 315, 145 (Joint.).