logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (전주) 2015.04.14 2014노273
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for fifteen years.

With respect to the person against whom the attachment order is requested, it shall be for ten years.

Reasons

1. Summary of grounds for appeal;

A. The grounds of appeal by the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”) are erroneous, i.e., misconception of facts against the victim’s residence, or even if the Defendant did not kill the victim, the lower court convicted the Defendant, thereby making it erroneous in misunderstanding of facts. 2) The lower court’s imprisonment (15 years in prison) against the Defendant is too unreasonable.

B. The lower court’s reasoning for the appeal by the prosecutor is too unfased and unreasonable.

2. Determination

A. A. The ex officio determination prosecutor filed a request for an attachment order of an electronic tracking device against the Defendant at this court, and this court decided to hold a joint hearing of the case of the Defendant and the case of the case of the attachment order. Since the case of the application for the attachment order should be tried and sentenced simultaneously with the Defendant case, the lower judgment was no longer maintained in this respect.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, even if there is a ground for ex officio reversal as above.

B. In light of the following circumstances acknowledged by the lower court’s judgment and the evidence duly admitted by the lower court’s determination on the assertion of mistake, it is sufficient to recognize the facts of murdering a victim by intrusion upon the victim’s residence. Therefore, the Defendant’s assertion of mistake of facts is without merit.

① At the time of the second interrogation protocol prepared by the prosecution, the Defendant recognized all the instant crimes, and there is a notice issued by the lower court, stating that “The Defendant, entering the E building, seating with the victim, dividing the talk with the victim, and taking the course of the distribution and the booming part, following the booming out of the time when the Defendant was faced with,” (No. 459 of the investigation record), “The distribution is one time, and three times for the distribution is the same as being followed.” (No. 459 of the investigation record), “I are the same as being followed once,” and “I are the notice issued by the lower judgment on violation of parking regulations in the wife near the Sldong Elementary School near F.

arrow