(영문) 대전고등법원 (청주) 2018.11.29 2018노75

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Reasons

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(영문) 대전고등법원 (청주) 2018.11.29 2018노75

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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The judgment below

The part of the case of the defendant, excluding the application for compensation order, shall be reversed.

A defendant shall be punished by imprisonment for seventeen years.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendant and the person who requested the attachment order (the Defendant’s case) guilty of this part of the facts charged on the ground that the Defendant and the person who requested the attachment order (hereinafter “Defendant”) did not establish the parts of murder, special assault, and special intimidation on the grounds as stated in the following misunderstanding of the facts or misunderstanding of the legal principles, and found the Defendant guilty of this part of the facts charged.

(1) In relation to murder, the defendant did not have the intention to murder.

② In relation to the point of special assault, there was no fact that the Defendant was a consignee to the floor, and there was no victim Q and P.

③ In relation to the special intimidation, at the time, the Defendant brought a flag to drink fluor, but did not threaten the victim Q Q by using the above flag.

2) At the time of committing the instant murder, etc., the Defendant, who was physically and mentally weak, was under the influence of alcohol.

3) The punishment sentenced by the lower court (20 years of imprisonment) is too unreasonable.

B. Prosecutor 1) The sentence imposed by the lower court on the Defendant case (unfair sentencing) is too uneasible and unfair.

2) In light of the following: (a) the method of killing the instant case is cruel; and (b) the Defendant, without any reason, has a tendency to display violence to another person upon the withdrawal of alcohol; (c) it is unreasonable for the lower court to dismiss the Defendant’s request for attachment order against the Defendant even though the Defendant was sufficiently likely to again commit murder.

2. The part of the defendant case

A. As to the Defendant’s assertion of misunderstanding of the facts or misapprehension of the legal doctrine, the lower court rejected this part of the Defendant’s assertion on the ground that “The Defendant’s intentional murder is sufficiently recognized in full view of the following circumstances.”

① Although the knife (No. 1) used by the Defendant for committing the instant murder, the knife (knife No. 1) is less than 10cm in length, the knife’s knife’s knife is used,

유사 판례

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