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(영문) 서울고등법원 2020.01.09 2019노1748

살인등

Text

All of the first and second original judgments shall be reversed.

A defendant shall be punished by imprisonment for ten years.

The seized bloodstains.

Reasons

1. Summary of grounds for appeal;

A. Defendant: 1) misunderstanding of facts against the first and second original judgment or misunderstanding of legal principles on the first and second original judgment recognized the fact that there was no motive for the Defendant to kill the victim by knife. However, at the time, the Defendant first knife the victim and threatened the Defendant, and even when the Defendant took the knife from the victim, the victim knifeed himself and knife the victim so that the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife. immediately after this, the Defendant requested relief of the victim to the hotel.

B. Prosecutor: The above-mentioned sentence sentenced by the first instance court on the first instance judgment is too unfeasible and unfair.

2. Determination

A. The first and second judgments on the defendant's ex officio judgment based on a consolidated hearing were individually sentenced.

The defendant and prosecutor appealed against the judgment of the first instance, and only the defendant appealed against the judgment of the second instance.

This Court decided to hold a joint hearing of each of the above appeals cases.

However, since each crime of the first and second original judgments is a concurrent crime under the former part of Article 37 of the Criminal Act, a single sentence should be sentenced.

Therefore, the first and second original judgments are no longer maintained.

Even so, the defendant's argument of misunderstanding of facts or misunderstanding of legal principles on the first judgment of the court of first instance is still subject to the judgment of the court of this court, and this shall be examined as follows

B. The Defendant’s intention of murdering by misunderstanding of facts or misunderstanding of legal principles on the first instance judgment is the purpose of murdering.