logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구고등법원 2016.04.07 2016노10
살인등
Text

Defendant

In addition, both the appeal filed by the respondent A, the defendant B and the prosecutor shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and the person who requested an attachment order (hereinafter “Defendant A”) had no intent to kill the victim at the time of committing the instant crime.

Therefore, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of murder.

2) The sentence of the lower court (a 15 years of imprisonment and a fine of 1 million won) that was unfair in sentencing is too unreasonable.

B. Defendant B’s punishment (three years of imprisonment) is too unreasonable.

(c)

(1) Each sentence sentenced by the lower court to the Defendants is too uneasible and unfair.

2) The lower court’s dismissal of Defendant A’s request for an attachment order against Defendant A, even though the part of the request for an attachment order is highly likely to recommit a murder offense.

2. Determination

A. As to the Defendant A’s assertion of mistake of facts, the lower court also asserted as the grounds for appeal in this part. Accordingly, the lower court took into account the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court: (i) Defendant A prices the victim’s face at knee and knee face at several times; (ii) Defendant A prices the victim’s face with his hand and knee with his hair; and (iii) Defendant A did not lose the victim’s identity despite being faced with one another with his hair and having a large number of transfusions, and continued to use the victim’s feass, such as drinking and drinking, when the victim takes the feass, and takes the face with drinking and drinking. Accordingly, the victim died from two parts (e.g., g., feassing, feassing, feas, etc.); and (ii) Defendant A’s assault was not taken to the extent sufficient to harm the victim’s life; and (iv) Defendant A did not lose the victim’s consciousness, etc.

arrow