(영문) 서울고등법원 2015.01.09 2014노2900 | 리걸엔진

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 서울고등법원 2015.01.09 2014노2900

살인미수등

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1: As to the crime of attempted murder, Defendant A voluntarily ceased to commit the crime of attempted murder of this case, the lower court determined that the crime was attempted to discontinue. However, the Defendant A’s attorney at the defense of the Defendant A of unreasonable sentencing determined that he/she had an motive for murder at the time of the initial appellate brief and the appellate brief (Supplementary) October 31, 2014, on October 2, 2014. However, the Defendant A and his/her defense counsel had de facto withdrawn the said assertion by stating that “The cause for murder was attributable to insufficient deliberation, although it was determined that he/she had an motive for murder at the time of the initial appellate brief and the appellate brief (Supplementary appellate brief).” However, the Defendant A and his/her defense counsel stated that he/she was guilty of the entire charges of this case on the date of the first trial of the

Meanwhile, Defendant A’s defense counsel has presented in the grounds of appeal on October 2, 2014 and the grounds of appeal (Supplementary) on October 31, 2014 that “the crime of attempted murder of this case is an intentional crime.” However, as seen earlier, Defendant A and his defense counsel acknowledged all of the facts charged on the first day of the trial at the trial at the trial at the trial at the trial at the trial at the trial, and the judgment of the court below that it is guilty even if it is recognized as a crime due to willful negligence, it is reasonable to understand the above assertion as the grounds of unfair sentencing.

Defendant

In light of the fact that A both recognized the crime of this case for the first time and against his mistake, the crime of attempted murder of this case was committed with dolus negligence, and that part of the amount of damage was deposited in the trial for the victim ELD M&D Co., Ltd. (hereinafter “victim Co., Ltd.”), the sentence of the court below that sentenced A to imprisonment with prison labor for three years is too unreasonable.

B. Defendant B: The Defendant B recognizes both the instant crime and made his mistake.

유사 판례

-서울고등법원 2015.1.9. 선고 2014노2900 판결

-광주지방법원 2020.01.15 2019노964

-서울고등법원 2019.02.28 2018노2625

-대구고등법원 2019.01.14 2018노453

-서울고등법원 2015.11.27 2015노1829