beta
(영문) 서울고등법원 2014.07.08 2013노3730

살인

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. It is true that misunderstanding of the fact that the defendant has a little knife the knife of the victim's knife on the attitude of the victim that the defendant demands.

However, the depth of the knife into the body of the victim is limited to 1.5 cm, and there is no fact that the defendant so far as the knife meets the body of the victim.

In addition, the instant crime was conducted by the public official who was at the scene of the instant crime, and the public official who was at the time of the public official in charge of the instant crime, and the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official in charge of the public official duties in charge

The result of the death of the victim is suspected of being caused by the medical malpractice of the hospital when considering the degree of the harmful act by the defendant or the behavior that the victim took immediately after the crime, and cannot be seen as the result of the defendant's knife.

Therefore, the defendant is deemed to be liable for attempted murder. Since the court below found the defendant guilty as to the charge of murder of this case, the court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (15 years of imprisonment) is too unreasonable.

2. The Defendant made a confession of the facts charged in this case in the lower court, and the lower court convicted the Defendant of the facts charged in this case by comprehensively taking account of the evidence adopted, including the confession of the Defendant.

In full view of the following circumstances acknowledged by the trial court and the evidence duly admitted and investigated by the court below, the decision of the court below that the defendant intentionally killed the victim of murder in a knife is proper, and there is no error as alleged by the defendant.

The degree of the victim's own initiative caused by the defendant's act.