(영문) 부산고등법원 2015.05.21 2015노192 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산고등법원 2015.05.21 2015노192

살인예비등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Search and seizure (7 cm in total length, 4 cm in 7.0 m.).

Reasons

1. Summary of grounds for appeal;

A. There is no evidence to acknowledge that the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant 1”) possessed a cross-examination to kill the victim, and even if the Defendant possessed it, it is difficult to deem that there is a practical risk of murder even if he/she held it. 2) The punishment sentenced by the lower court of unfair sentencing [two years of imprisonment, one of the search and seizure warrant (Evidence 1), and one of the search and seizure warrant (Evidence 2)] is too unreasonable.

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

2. Determination

A. On February 10, 2015, the ex officio judgment prosecutor requested the Defendant to attach an electronic device at the appellate court prior to the transfer of February 10, 2015, and the appellate court prior to the transfer decided to jointly deliberate on the Defendant’s case and the case claiming the attachment order. As such, the claim for attachment order should be deliberated together with the Defendant’s case and the judgment should be sentenced simultaneously, and as seen below, the lower judgment cannot be maintained as it is.

On the other hand, even if the judgment of the court below is reversed for the above reasons, the defendant's assertion of misunderstanding of facts still remains subject to the judgment of the court.

B. According to the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the Defendant stated in the police that “The knife, with a view to murdering the victim, stated that the knife in the dormitory “(1st page of the investigation record)” was “In the prosecution, the knife knife, with a view to murdering the victim,” and that the knife knife s, with a view to having a well-known sa, sa, etc., sa, once again changed, and made a consistent and concrete statement on the fact that the Defendant possessed the autopsy (13

유사 판례

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