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(영문) 서울고등법원 2014.08.29 2014노493
살인등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for twenty years.

. An order to attach a prosecutor;

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the respondent for an attachment order (hereinafter “Defendant”) violated the Child Welfare Act (hereinafter “Defendant”) did not have awareness that he abandons her at the time, and as long as she was not exposed to the risk of abandonment, such as thirer, etc., the above crime was a kind of impossible crime, the lower court’s judgment convicting the Defendant of this part of the facts charged is unreasonable. 2) The lower court’s imprisonment (25 years of imprisonment) is too unreasonable.

B. A prosecutor 1) In light of the following: (a) the Defendant’s perception of the dignity of life and the attitude of warning human life in light of the body and cruelness of the instant murder crimes; (b) the Defendant’s dismissal of the Defendant’s request for the attachment order of this case, despite the risk of recidivism by murdering, is unreasonable. (c) The lower court’s dismissal of the Defendant’s request for the attachment order of this case, is unreasonable.

2. Determination on the grounds for appeal

A. As to the Defendant’s assertion as to the violation of the Child Welfare Act, the Defendant’s allegation in this part of the grounds for appeal is not a legitimate ground for appeal, since the Defendant’s first assertion was made in the defense counsel’s opinion on July 14, 2014 when the period for submission of the grounds for appeal under Article 361-3(1) of the Criminal Procedure Act (20 days after

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