(영문) 서울고등법원 2014.10.31 2014노1725 | 리걸엔진

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(영문) 서울고등법원 2014.10.31 2014노1725

살인등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that there is no motive for the Defendant (1) misunderstanding of facts and misapprehension of legal principles to kill the victim, there is no motive for the Defendant to kill the victim, the Defendant did not prepare a deadly weapon, and the Defendant prices the victim by drinking and fireing with the prudent while the victim lost her identity in the moment, the Defendant was left away from the victim's house without confirming whether the victim was alive or not after the crime was committed, and there was a possibility that the victim was alive immediately before the discovery by the fire captain, and even though there was no intention to commit murder, the lower court erred by misapprehending the legal doctrine or adversely affecting the conclusion of the judgment.

(2) The 12-year imprisonment sentence imposed by the lower court on the Defendant is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. (1) Determination of the mistake of facts and misapprehension of legal principles regarding the defendant's assertion of homicide does not necessarily require the intention of murdering or planned murdering. It is sufficient to recognize or anticipate the possibility or risk of the death of another person due to his own act, and its recognition or prediction is not only conclusive but also an uncertain intention. In a case where the defendant argues that there was no criminal intent of murder at the time of committing the crime, and only there was only the criminal intent of murder or assault, whether the defendant was guilty of murder at the time of committing the crime shall be determined by taking into account the objective circumstances before and after committing the crime, such as the circumstances leading up to the crime, motive, motive, existence and type of the crime, method of attack, degree of repetition and repetition of attack, possibility of occurrence of the result of death, etc.

Supreme Court Decision 200

유사 판례

-대전고등법원 2015.05.08 2014노547

-대전고등법원 2014.04.11 2014노40

-부산고등법원 2013.05.29 2013노154

-대전고등법원 2015.03.20 2014노405

-대구고등법원 2013.01.31 2012노627