(영문) 대전고등법원 2020.12.11 2020노299 | 리걸엔진

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Reasons

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자간(%)

(영문) 대전고등법원 2020.12.11 2020노299

특수폭행등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

Summary of Grounds for Appeal

A. Part 1 of the case of the defendant and the person requesting an attachment order (hereinafter referred to as the "defendant") are the defendants and the person requesting an attachment order (hereinafter referred to as the "defendants").

(2) In light of the following: (a) at the time of the death on the part of the victim F (or the 95 years of age), the victim was deadly in conflict between the lessor and the lessee, and there was no motive to commit murder; (b) on December 6, 2018, the Daejeon District Court received a summary order of KRW 3 million for the crime of causing special destruction of and damage to the victim’s building due to the victim’s own building, and (c) on December 6, 2018, the Defendant agreed that the victim was able to commit the crime of causing death; and (d) the Defendant found the victim and planned to commit the crime of attempted murder, but only used each item in the victim’s house as a deadly weapon, and the Defendant prepared the deadly weapon. The Defendant did not have the ability to commit the crime of causing death more than 2 minutes after the Defendant attacked the victim, and the degree of the victim’s death was not limited to the degree of death, the Defendant did not have any intent to commit the crime of attempted death or attempted death of mental or physical disability.

3) The sentence sentenced by the lower court on unreasonable sentencing (one-twelve years of imprisonment and confiscation) is too unreasonable.

B. It is unreasonable for the lower court to order the Defendant to attach an electronic tracking device for ten years, and to impose an order on the Defendant, even though it is difficult to deem that the Defendant in the part of the case requesting attachment order is likely to recommit

2. Determination on the part of the defendant's case

A. As to the assertion of mistake of facts and misapprehension of legal principles, the Defendant denied the intention of murder in the lower court, and argued the same as the grounds for appeal.

The lower court, based on the following circumstances.

유사 판례

-서울고등법원 2015.03.26 2014노3968

-서울고등법원 2019.06.27 2019노1083

-서울고등법원 2013.06.20 2013노743

-서울고등법원 2013.12.12 2013노3157

-서울고등법원 2020.05.08 2019노2898