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(영문) 서울고등법원 2018.12.20 2018노2080
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for twenty years.

The seized knife (the total length shall be 28 cents, the blades shall be 17 cents;

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In full view of the following facts: (a) the statement of the victimized child is not written based on accurate memory; (b) the victimized child’s statement was reversed at the time of the police investigation on January 15, 2018; and (c) the victimized child’s statement is an exaggeration or distorted under the protection of the Defendant’s wife; and (d) the content of the statement made by the victimized child that corresponds to the facts charged is not reliable.

In addition, the confession statement made by the police of the defendant is a statement made by the defendant in a state of mental confusion, and this part of the facts charged cannot be found guilty only by the confession statement.

On January 7, 2018, the Defendant did not engage in any speech or act, such as: (a) the Defendant was either dead or fluording the knife of the victimized child when the victimized child was sick; and (b) on February 7, 2018, the Defendant did not dance the knife of the victimized child in order to bife the knife of the victimized child from the victimized child.

2) The punishment sentenced by the lower court (20 years of imprisonment) is too unreasonable.

B. The above sentence sentenced by the prosecutor (unfair sentencing) by the court below is too unfasible and unfair.

2. Determination ex officio (related to the point of violation of the Child Reinstatement Act (child abuse)) is examined ex officio prior to the judgment on the grounds for appeal.

Of the facts charged in the 2018 High 292 Incident, the lower court convicted each of the charges of violation of the Child Uniforms Act (child abuse) and applied Articles 71(1)2 and 17 subparag. 5 of the current Child Uniforms Act (amended by Act No. 14925, Oct. 24, 2017; hereinafter “former Child Uniforms Branch Act”).

However, Article 71 (1) of the current Child Uniforms Act provides that a person who violates Article 17 shall be punished in accordance with the following subparagraphs:

"The person who commits an act falling under any of subparagraphs 3 through 8 of Article 17 shall be punished by imprisonment for not more than five years or by a fine not exceeding 50 million won.

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