(영문) 부산고등법원 (창원) 2017.10.18 2017노216

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) 부산고등법원 (창원) 2017.10.18 2017노216

존속살해미수

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Inasmuch as there was no intention for the Defendant to kill the victim, the lower court found the Defendant guilty of the instant facts charged, which erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2) In light of the legal principles on mental and physical loss, the Defendant should be held accountable for the following reasons: (a) the Defendant had been physically and mentally lost due to early illness at the time of the instant crime.

3) The sentence sentenced by the lower court to the Defendant (two years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. Determination

A. 1) Determination on the Defendant’s assertion of misunderstanding of facts does not necessarily require the purpose of murder or the intent of planned murder, but there was an intentional intent if the Defendant knew or predicted that there was a possibility or risk of causing another’s death due to his/her act, such as his/her own assault, etc.

may be filed.

In a case where the Defendant asserted that there was no intention of murder at the time of the commission of the crime, and only was only the intent of murder or assault, the determination should be made by taking full account of the objective circumstances before and after the commission of the crime, including the background leading up to the Defendant’s commission of the crime, motive, existence and type of the crime, usage of the prepared deadly weapon, the fear and repetition of the crime, the likelihood of the occurrence of the result of the crime, the existence of the consequence of the crime, and the existence of the act of avoidance (see, e.g., Supreme Court Decision 2015Do535, Oct. 29, 2015). 2) In light of the legal principles as seen earlier by the evidence duly adopted and investigated by the lower court, the Defendant was aware at least of the possibility and risk of the result of the death of the victim by his own act at the time of the instant crime.

Therefore, it is reasonable to view this case.

참조판례

-대법원 2015. 10. 29. 선고 2015도5355 판결

유사 판례

-대전고등법원 2018.09.21 2018노320

-부산고등법원 (창원) 2017.04.19 2017노3

-부산고등법원 (창원) 2016.06.29 2016노154

-부산고등법원 (창원) 2017.11.29 2016노277 (1)

-부산고등법원 (창원) 2016.05.04 2015노398