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(영문) 서울고등법원 (춘천) 2013.05.29 2013노41
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

A seized one shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who omitted self-denunciation, voluntarily reported the crime by telephone to the 112 situation room after the crime of this case, and even though this constitutes a self-denunciation, the lower court did not reduce self-denunciation.

B. The lower court’s sentence of unreasonable sentencing (15 years of imprisonment) is too unreasonable.

2. Determination

A. In light of the determination on the assertion of omission in mitigation of self-denunciation, “self-denunciation” as referred to in Article 52(1) of the Criminal Act means that the criminal voluntarily reports his/her criminal act to the competent authority responsible for the investigation and seeks the disposition thereof. As such, in response to questions or investigations by the investigative authority, making a statement on the criminal facts in response to an official questioning or investigation is a confession, not a confession, but a self-denunciation is established by the criminal’s expression of intent to the investigative authority. As such, the internal intention alone

In addition, the defendant voluntarily surrendered.

Even if the court voluntarily surrenders the self-denunciation, it is merely a mere fact that the court can voluntarily reduce the punishment, and the court below did not reduce the self-denunciation.

or failure to render a judgment on the allegation to reduce self-denunciation;

Therefore, it cannot be deemed unlawful (see, e.g., Supreme Court Decision 2011Do12041, Dec. 22, 2011). According to the records of this case, the Defendant died of his wife who was living in the 112 situation room after the crime of this case by phoneing to the 112 situation room after the crime of this case. The fact that the Defendant was aware of the fact that the 2nd ambulances was sent to the 112nd situation room, but the above monetary content is not always intended to report the crime to an investigation agency, but rather, it appears that the Defendant wishes to take measures such as the hospital transfer, etc. of the injured Defendant during the course of denying and self-harming the Defendant’s death, and in accordance with the above legal principles, it was unlawful that the lower court failed to reduce

Since the defendant's above assertion cannot be accepted.

B. Unreasonable sentencing.

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