(영문) 서울고등법원 2015.11.12 2015노2428 | 리걸엔진

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Reasons

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(영문) 서울고등법원 2015.11.12 2015노2428

살인

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All appeals filed by the defendant and prosecutor are dismissed.

" February 24, 2014," among the facts constituting the crime in the judgment of the court below, is " February 24, 2015."

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of the facts in the judgment of the court below, although there was a fact that the defendant 1 had met the victim at the time and place of the decision of the court below, it did not murder the victim, and the judgment of the court below which found the defendant guilty of the death of the victim by a third party was erroneous. 2) The sentence of unfair sentencing (20 years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. The court below rejected the defendant's argument in detail under the title "the judgment on the defendant's argument", which states that the defendant's assertion of mistake is identical to the grounds for appeal of this case, and the court below rejected the defendant's argument in detail. The above judgment of the court below is just and it is not erroneous in the misapprehension of facts that affected the conclusion of the judgment as alleged by the defendant, and the defendant's argument is without merit

3. The Defendant’s crime of this case in determining the allegation of unfair sentencing by the Defendant and the prosecutor is an act of cutting away the life with dignity, which cannot be altered, and is a serious criminal that could not recover the damage in any way. The Defendant repeats his assertion that it cannot be consistently accepted even after objective and obvious evidence has been revealed, and does not go against the Defendant’s act of denying the crime, and the Defendant committed the instant crime without being aware of it even during the period of repeated offense.

However, it is difficult for the Defendant to know the motive of murder because he denies all of the crime (the evidence submitted by the prosecutor alone is insufficient to conceal the motive of the crime, such as the facts charged, and did not state the motive for the crime). The Defendant was under medical treatment from around February 2, 2011 due to symptoms of dependence on water exemption and disorder in fear, etc.

유사 판례

-서울고등법원 2015.11.12.선고 2015노2428 판결

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