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(영문) 부산고등법원 2016.05.19 2015노743

살인등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for twenty years and for six years, respectively.

Defendants.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court against the Defendant and the requester for the attachment order (hereinafter referred to as “Defendant”) A (the completion of the child abuse treatment program for 20 years and 120 hours) is too unreasonable.

B. Although Defendant B (1) did not intend to commit murder as well as Defendant B’s intent to jointly process the murder, Defendant A did not constitute a joint principal offender for the same crime as indicated in the facts charged, the lower court convicted Defendant B of the facts charged of murder on the grounds as indicated in its reasoning. In so doing, the lower court erred by misapprehending the legal doctrine of mistake or murder, thereby adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the court below to Defendant B (the imprisonment of 10 years, the completion of child abuse treatment programs with 120 hours, confiscation) is too unreasonable.

(c)

Although the public prosecutor's defendant A is likely to recommit the murder crime, it is improper that the court below dismissed the defendant A's request to attach an attachment order (including a request to prohibit access to the victim D and the victims' family members and a request to complete the treatment program).

2. Determination

A. Prior to the judgment of the court below on the grounds for appeal by the defendants on the defendant's case, the prosecutor tried ex officio prior to the judgment on the grounds for appeal by the defendant, and the defendant's 3-A of the facts charged in this case against the defendant, and the defendant Eul did not immediately refrain from continuing assault by the victim's head by the above smuggling. The defendant Eul did not have any such assault by the defendant A, and the defendant Eul did not check the victim's victim's body and "the part" is the victim's father-child, pursuant to Article 913 of the Civil Code and Article 5 of the Child Uniforms Land Act and Article 5 of the Child Uniforms Land Act, the defendant A's head is the victim's head with the above smuggling.

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