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(영문) 서울고등법원 2019.03.14 2018노2754
살인등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for seventeen years.

One kitchen (No. 1) which has been seized, shall be a kitchen.

Reasons

1. Summary of grounds for appeal;

A. The Defendant asserted mental disorder on the grounds of appeal directly submitted by himself, and withdrawn the above argument on the date of the first instance trial.

The sentence sentenced to the defendant (the first instance court: 15 years of imprisonment and confiscation, and the second instance court: 2 years of imprisonment) by the first and second instance court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The first and second original judgments were rendered on the defendant's judgment, and the defendant and the prosecutor filed an appeal against the first and second original judgments, respectively, and the court decided to jointly examine the above two appeals.

Since the crime of the first instance judgment and each crime of the second instance judgment against the defendant are concurrent crimes under the former part of Article 37 of the Criminal Code, it should be punished by one order under Article 38 of the Criminal Code, so the first and second original judgments cannot be maintained as they are.

3. The judgment of the court of first and second instances on the grounds of the above ex officio reversal is reversed in its entirety without examining the grounds of unfair sentencing by the defendant and the prosecutor, and the judgment of the court of first and second instances is reversed in its entirety, and it is again decided as follows.

【Grounds for the Judgment of the Supreme Court which has been written] The criminal facts and summary of the evidence recognized by the court are identical to each corresponding part of the first and second original judgments, and thus, they shall be quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act concerning criminal facts, Article 250 (1) of the Criminal Act that provides for the choice of punishment (homicides, choice of limited imprisonment), Articles 258-2 (1), 257 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, Articles 174 and 164 (1) of the Criminal Act, Article 260 (1) of the Criminal Act that provides for the choice of punishment (the point of causing bodily harm, the choice of imprisonment), Article 260 (1) of the Criminal Act;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be the largest homicide;

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