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(영문) 부산고등법원 (창원) 2014.11.05 2014노267
살인미수등
Text

Defendant

In addition, the appeal filed by A, B, the defendant and the requester for medical treatment and custody shall be filed by the prosecutor.

Reasons

1. Summary of grounds for appeal;

A. Defendant and Defendant A, Defendant B, Defendant B, Defendant C, and Defendant D1 for whom an order to attach an attachment was requested (hereinafter “Defendant C”) in mistake of facts and misapprehension of the legal doctrine regarding the instant injury, etc. (hereinafter “Defendant and Defendant C”), and there was no intention to jointly process the injury according to the direction of other Defendants. Defendant and Defendant C (hereinafter “Defendant C”).

) Since the rest of the Defendants’ assault after this house led to the death of the victim K, there was no causal link between Defendant C’s assault and the death of the victim K, and there was no predictability of the above victim’s death. As to the attempted murder of this case, Defendant A and the person who requested the attachment order A (hereinafter “Defendant A”).

(2) Although there was no conspiracy to murder between Defendant A and the victim D, and the lower court did not know whether Defendant A intended to murder the above D, the lower court found Defendant A guilty of all the facts charged. In so doing, the lower court erred by misapprehending the legal doctrine on the misunderstanding of facts or the crime of death or injury, and the crime of attempted murder, thereby adversely affecting the conclusion of the judgment. 2) The lower court sentenced Defendant A, B, and the Defendant and the applicant for medical treatment and custody (hereinafter “Defendant D”) to the punishment (such as an order to attach an electronic tracking device for 22 years and 15 years, Defendant B: 10 years of imprisonment, Defendant C: 6 short-term and six years of imprisonment, Defendant D: imprisonment for a maximum term of 4 years, Defendant D: 4 years of imprisonment for a term of 4 years).

B. The above sentence imposed by the court below on Defendant A, B, and C is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of misunderstanding of facts and misapprehension of legal principles as to the part of the Defendant’s case, the lower court also asserted the same purport as this part of the grounds for appeal, and the lower court, under the title “determination of the Defendant B and C’s assertion,” made a detailed judgment.

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