(영문) 대구고등법원 2020.01.16 2019노420 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대구고등법원 2020.01.16 2019노420

살인등

Text

Defendant

All appeals filed by A, B, C, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts and misunderstanding of legal principles (in regard to the crime of murder), the court below which recognized the crime of murder even though Defendant A did not have an intention to kill the victim, erred by misapprehending the legal principles or misapprehending the legal principles.

(2) The sentence sentenced by the court below on unreasonable sentencing (20 years of imprisonment) is too unreasonable.

B. Defendant B (1) With respect to the mistake of facts and misapprehension of legal principles (as to the crime of homicide), Defendant B is guilty of the crime as indicated in the judgment of the court below around the end of December 2018.

(v) there is no fact of assaulting the victim, such as paragraphs (7), (9) and (12);

(B) Defendant B is guilty of the crime indicated in the judgment below.

10) The victim did not have to discuss the victim as stated in the judgment below, and the victim's knife with knife as stated in the facts constituting the crime of 4.A.11 as indicated in the judgment below is the sole criminal of Defendant A, so it was impossible for Defendant B to expect that the injury caused the death.

Defendant

There is an error of misunderstanding the facts or misunderstanding the legal principles in the court below which recognized the murder crime even though he did not intend to kill the victim B.

(2) The sentence of imprisonment (15 years of imprisonment) imposed by the lower court is too unreasonable.

C. The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable. D.

The punishment sentenced by the court below to the defendants (the defendant D: imprisonment of eight months and two years of suspended execution) is too unhued and unfair.

2. Determination

A. Defendant B also asserted the same purport as the grounds for appeal in this part of the judgment of the court below regarding Defendant B’s assault, and the court below did not accept the above assertion in detail, with detailed explanation of the decision.

Examining the evidence admitted and examined by the court below in light of the records, it can be sufficiently recognized that Defendant B used assault against the victim as stated in the court below's decision.

The judgment of the court below is just and there is no error of law by mistake.

B. misunderstanding of facts and misapprehension of legal principles as to the murder of Defendant A and B

유사 판례

-부산고등법원 (창원) 2019.01.16 2018노296

-대전고등법원 2013.01.30 2012노533

-광주지방법원 2014.02.12 2013노1421

-대전지방법원 2015.01.28 2014노2540

-부산고등법원 2014.07.10 2014노212