logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2016.07.18 2016노132
살인미수등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for nine years.

one seized net value (Evidence....)

Reasons

1. Progress of litigation;

A. The lower court convicted the Defendant of murdering, attempted murdering, destruction of property, violation of the Act on the Protection and Use of Location Information, and destruction of dangerous personal belongings, and violation of the instant facts charged, and ordered the Defendant to attach a location tracking device. As to the damage of dangerous personal belongings, Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 3(1) and Article 366 of the Criminal Act, Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act apply to the injury of dangerous personal belongings.

B. The Prosecutor appealed from the judgment below on the ground that the sentencing of the Defendant’s case was unfair, and each of the Defendant appealeds on the grounds of misunderstanding of the facts or misunderstanding of legal principles as to the sentencing of the Defendant’s case and the request for attachment order. The judgment of the court below prior to the sending of the case is reversed ex officio and sentenced to nine years of imprisonment for the modification of the indictment as to the charge of destroying dangerous property, and the part of the case for which the request for attachment order was made was dismissed.

(c)

Article 3(1) of the Punishment of Violence, etc. Act amended and enforced by Act No. 13718, Jan. 6, 2016; and Article 258-2 (Special Bodily Injury) of the Criminal Act amended by Act No. 13719 on the same day was newly established, and Article 258-1 (1) of the same Act provides that “The defendant commits a crime under Article 257(1) or (2) by misunderstanding the legal principles or taking dangerous articles to exercise the power of, or carrying dangerous articles, shall be punished by imprisonment for not less than one year nor more than ten years.

“The general risk of the sign of an aggravated constituent element, which is defined as “.......”

arrow