(영문) 서울고등법원 2017.06.20 2017노1130 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2017.06.20 2017노1130

강간살인등

Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person who requested the attachment order (hereinafter “Defendant”) 1 were raped by the victim, and the victim was bound by the victim’s satisfed with the victim’s satisfy to suppress the victim’s resistance while committing rape. The victim’s death was attempted in the process of cutting the said satisfer belt and suppressing the victim’s resistance, and the victim did not intentionally murder the victim, and the victim did not have any awareness that the victim could have died during that process. As such, the Defendant did not intentionally murder the said satfy belt and did not know that the victim would have been able to die, the Defendant had the intent to murder the victim or that the victim would have been satisfying the victim’s death.

It is also difficult to see it.

2) The sentence (a life imprisonment) sentenced by the lower court to the Defendant is too unreasonable.

B. It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of an electronic tracking device even if the risk of recidivism is recognized.

2. Determination

A. 1) Determination on the Defendant’s assertion of misunderstanding of the facts does not necessarily require the intent of murder or planned murder for the purpose of murder, and it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act, and its recognition or prediction is not only conclusive but also conclusive. In a case where the Defendant asserts that there was only no intention of murder or assault at the time of committing the crime, and that there was only the intent of murder at the time of committing the crime, the issue of whether the Defendant had the intent of murder was committed shall be the background leading up to the crime, motive for the crime, type of deadly weapons prepared for the crime, part and repetition of the attack.

유사 판례

-서울북부지방법원 2017.4.4.선고 2016고합570 판결

-서울고등법원 2016.04.28 2016노692

-서울고등법원 2017.10.16 2017노1948

-대전고등법원 2018.04.06 2017노389

-서울고등법원 2018.06.15 2018노392