(영문) 대전고등법원 (청주) 2017.11.16 2017노115

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전고등법원 (청주) 2017.11.16 2017노115

살인

Text

The defendant's appeal is dismissed.

Reasons

1. The entry of a defense counsel’s written opinion on October 26, 2017, which was submitted after the gist of the grounds for appeal has elapsed, is considered to the extent that it supplements the grounds for appeal.

A. misunderstanding of facts or misapprehension of legal principles 1) The Defendant obtained an attack from the injured person, thereby putting the injured person over the part of the injured person, and did not recognize what is excessive, and did not have the intent to kill the injured person, and did not expect that the injured person would die.

2) The victim acted with his house even after the defendant knife in the knife, and became aware of two days after the crime of this case, so there is no causal relationship between the victim's death and the defendant's act.

B. The sentence sentenced by the lower court (10 years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. 1) As to the Defendant’s assertion of misunderstanding the facts or misapprehension of the legal doctrine, the Defendant did not have the intention of murder in the lower court, and did not anticipate the result of death.

The argument was asserted.

As to this, the court below rejected the above assertion by the defendant on the ground that the crime of this case was committed by the defendant, such as the fact that the excessive arrest and appearance of a person is sufficient to kill or kill a person, the victim's left side, the victim's length and depth was considerable, the defendant's hand, the defendant's hand did not have any standing, and the defendant continued to display excessive points even though he had taken the victim's face in the middle of the crime of this case, the defendant called his wife immediately after the crime of this case, called 119, called 119, called 119, or called 119, and the defendant did not want to rescue the victim on the day following the crime of this case, but rather tried to conceal the crime, such as destroying the blood trace of the house and throw away any clothes suffered at the time of committing the crime.

The court below duly admitted and examined the evidence.

유사 판례

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-서울고등법원 2018.05.03 2018노501

-대전고등법원 2015.10.30 2015노269

-서울고등법원 (춘천) 2017.10.18 2017노78