(영문) 대전고등법원 2019.03.22 2018노543 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전고등법원 2019.03.22 2018노543

살인미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

1. Summary of the grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles is limited to the part on which a knife in a contingent residence had been disputed with the victim, and there was no intention to kill the victim, and there was no intention to kill the victim.

Nevertheless, the judgment of the court below that found the Defendant guilty of murder and erred by misapprehending the legal principles on the willful negligence of murder.

B. The Defendant has been receiving medical treatment from a hospital for a long time since several years, due to depression and depression, and at the time of the instant case, he was in a state of obsescing, and in light of the result of the Defendant’s mental diagnosis, the Defendant’s mental and physical state is recognized

C. The sentence of imprisonment (four years of imprisonment) imposed by the lower court on the Defendant is excessively unreasonable.

2. Determination

A. 1) Determination of misunderstanding of facts or misapprehension of legal principles in the lower court alleged that the Defendant and the defense counsel of the lower court had no intention to kill the victim at the lower court’s trial. Accordingly, the lower court determined to the effect that there was an intention to kill the Defendant at the time of the instant crime on the following grounds. The Defendant’s knife knife, such as the victim, is a kitchen of 33cm in total length, 20cm in length, and the knife in 20cm in length. The Defendant 5 times or knife in the instant kitchen knife with the victim’s head and flife with the victim’s head, divided the victim’s head and flife with the victim’s head, and led to the victim more than five times or flife in the instant kitchen flife, including four or more flifties, the victim suffered damage to the victim’s inner part and the knife’s inner part and the fel of the body.

The bones was exposed to some parts of the victim, and the knife and the knife of external wounds and the knife were damaged by the knife.

As such, I think.

유사 판례

-대전고등법원 2019.03.22 2018노543

-서울고등법원 2020.01.17 2019노2178

-부산고등법원 (창원) 2013.05.31 2012노335

-수원지방법원 평택지원 2013.09.11 2013고합81

-대전고등법원 2018.09.21 2018노318