(영문) 대구고등법원 2016.11.17 2016노398 | 리걸엔진

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(영문) 대구고등법원 2016.11.17 2016노398

살인

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1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for three years;

3. One (150 cm) out of the strings of having been seized shall be confiscated;

Reasons

1. Summary of grounds for appeal;

A. In order to kill the victim, the Defendant, as a matter of course, discovered that the string of the string, which was prepared in advance to kill the victim, did not sprink the string of the string in the body of the victim, and then discovered the string of the string of the string to the string of the string, and murdered the string of the string.

Therefore, the judgment of the court below which found the defendant to have killed the victim by leaving the string of thirst.

B. The lower court’s sentence of unreasonable sentencing (four years of imprisonment) is too unreasonable.

2. We examine the Defendant’s assertion of mistake of facts.

A. Of the summary of the facts charged in the instant case, only the part concerning the background and method of murder alleged by the Defendant and the method of committing the crime shall be stated.

The defendant is the wife of the victim E (the age of 79), and the economic situation of his/her children is difficult due to his/her old-age and physical disability. On March 20, 2016, when he/she was faced with suicide and was faced with his/her old-age with his/her old-age, she was faced with his/her old-age, and was faced with his/her old-age, with his/her old-age, so he/she would be liable for the remaining children of his/her old-age after his/her death.

At around 07:30 on March 23, 2016, the Defendant, at the house of the Defendant, located in the F of the Glurg Republic of Korea, used the cresh of the Defendant’s family members without any other family members, used the cresh of the Defendant’s left string, followed up the victim’s string to his left hand, and caused the victim to die by the pressure of the booming from the flurg to the left hand.

Accordingly, the Defendant murdered the victim.

B. The lower court determined as follows: (a) based on its stated reasoning, it determined that the Defendant was killed by breaking the string of the strings prepared in advance as stated in the instant facts charged by the victim as the victim’s item.

C. The Defendant killed the victim.

유사 판례

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-광주지방법원 해남지원 2015.08.12 2015고합6

-대전고등법원 2013.02.06 2012노489

-대구지방법원 김천지원 2015.07.21 2015고합48

-광주고등법원 (전주) 2016.07.19 2016노56