(영문) 대전고등법원 2015.05.15 2014노588 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 대전고등법원 2015.05.15 2014노588

폭행치사등

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for three years.

except that this judgment.

Reasons

Judgment on the Grounds for Appeal

A. (1) The purport of the law that specifies the facts charged is to limit the scope of the trial against the court and to facilitate the exercise of the defense right by specifying the scope of the defense against the defendant, as well as to limit the scope of the defense against the defendant.

Therefore, the facts charged are sufficient to fully state the facts constituting the constituent elements to the extent that they can be distinguished from other facts by taking account of the foregoing elements. Even if the date, time, place, method, etc. of a crime are not specifically indicated in the indictment, if it is not contrary to the purport of the law that specifies the facts charged and its general indication is unavoidable in light of the nature of the crime charged, the indictment cannot be deemed unlawful because the contents of the indictment are not specified.

(2) Examining the following circumstances in light of the aforementioned legal doctrine, the instant indictment cannot be deemed unlawful on the grounds that the content of the prosecution is not specified.

① The facts charged in the instant case include the start point and ending point of the Defendant’s cruel act against the victim, the place of the crime, and the method of the so-called safe water supply, which is the content of the crime.

② In the instant case where it appears that the Defendant’s cruel act against the victim was acknowledged by the evidence of the lower judgment, the Defendant’s cruel act against the victim was committed several times during the period of confinement as stated in the facts charged, and the Defendants were denied the commission of the crime. As such, it may be deemed that there are unavoidable circumstances to indicate the specific time and manner of the cruel act as indicated in the facts charged.

(3) The defendant's lawsuit shall be changed at the date and place stated in the facts charged.

참조판례

-대법원 2013. 12. 12. 선고 2013도12803 판결

유사 판례

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