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(영문) 서울고등법원 2018.08.16 2017노1485

살인등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for life;

Evidence No. 1 to 29, 33, 34, which has been seized.

Reasons

The summary of the grounds for appeal: The defendant's written statement and defense counsel's opinion, etc. submitted after the lapse of the submission period for the grounds for appeal of mistake of facts, misunderstanding of legal principles, and error of sentencing, shall be determined to the extent of supplement

The victims of murder against the victim R are not dead at the time of the defendant's death with a private gun.

A third party, such as police V, in the scene, died in line with the gun, or a third party, using the defendant's private gun, died in line with the strings, or was transported to the hospital, after being transported to the hospital.

It is reasonable for a person who has attempted to murder victims E to fulfill his/her head in line with the theory of the defendant's unloading.

그러나 당시 장도리를 두꺼운 겨울 양말로 감쌌고, 4회 가격 후 바로 멈추었으며, 피해자의 상태, 치료비 액수 등 여러 정황 상 상해 정도가 실제로는 두개골 함몰 골절에 이르지 않았다고

Therefore, the defendant cannot be recognized as the intention of murder.

It is reasonable that a person who has attempted to murder with the victim J will be in accordance with shacks with the defendant's private firearms.

However, there was only the intention to kill E at the time, but there was no intention to kill the victim.

The violation of the Punishment of Violences, etc. Act (person committing a crime) should be seen as absorbing the murder or attempted murder.

The punishment of the court below which is unfair in sentencing is too unreasonable.

Public prosecutor: The punishment of the court below is too unfluent so that it can be too unfluent and the death penalty should be sentenced.

In the judgment of the court below, the prosecutor of the judgment of the court below applied for the modification of the bill of amendment to the contents of the facts constituting the crime in the judgment of the court below as follows, and this court permitted the modification of the bill of amendment.

The defendant sent to the police station after receiving a report at the same time and place as paragraph (5).