(영문) 대구고등법원 2015.07.23 2015노199 | 리걸엔진

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) 대구고등법원 2015.07.23 2015노199

존속살해

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Under the influence of the instant case, the Defendant was in a state of mental disability under the influence of alcohol. 2) The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s claim of mental disability, the lower court also asserted the same as the grounds for appeal in this part, and the lower court rejected the Defendant’s allegation of mental disability under the title “determination of the defense counsel’s assertion” among the said judgment.

In light of the circumstances revealed by the court below, the following facts revealed by the evidence duly adopted and examined by the court below: ① the parent of a student in the school who had drank together with the defendant before the instant case stated that the defendant was drunk to the land by confirming text messages from the police at the time of telephone conversations with the police (Evidence records 218 pages); ② The CCTV installed at the scene of the crime after the crime was committed by the defendant (as the defendant was detained in this case, he was the defendant's wife after filing a marriage report with the defendant), and the method of informing the defendant of the method of eliminating CCTV data by raising computers to the female-friendly G (the defendant's wife was the defendant's wife after filing a marriage report with the defendant) and the fact that the victim was able to keep the victim using the CCTV data with the defendant's hair as her head (Evidence records 136, 137, 387). ③ The court below's determination that there was no error in the misapprehension of legal principles or misapprehension of legal principles as to the evidence reporting by the defendant three immediately after the crime.

Therefore, this part of the defendant's assertion is rejected.

B. As to the Defendant’s and prosecutor’s assertion of unfair sentencing, the Defendant is either mother F and her own.

유사 판례

-울산지방법원 2021.04.16 2021노57

-서울고등법원 2013.12.19 2013노3309

-부산고등법원 2018.06.28 2018노195

-대전지방법원 2014.11.13 2014노2520

-대전지방법원 2014.12.18 2014노2523