logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.06.30 2016노1139
살인등
Text

The judgment below

The defendant's appeal against the part of the case against the defendant is dismissed.

The judgment below

In the case of attachment order.

Reasons

1. Summary of grounds for appeal;

A. As to the part of the case of the defendant, although the defendant and the person who requested the attachment order (hereinafter referred to as the "defendant") did not have any intention to kill the victim C, the court below found the defendant guilty of the charge by misunderstanding the fact that he did not intend to kill the victim C.

(2) The sentence sentenced by the lower court (20 years of imprisonment and confiscation) is too unreasonable.

B. There is a risk that the Defendant recommits murdering on the part of the attachment order case

Even though it is difficult to see it, the lower court erred by ordering the Defendant to attach an electronic tracking device.

2. Determination

A. The lower court acknowledged the Defendant’s assertion of mistake of the facts based on the evidence duly admitted and examined by the lower court, namely, ① sent the victim a text message “I kn-man” to the third party immediately before finding the victim; ② the victim talks with the kitchen kn-man; ③ the Defendant kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-kn-k-k-kn-kn-k-kn-kn-k-kn-k-kn-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k-k.

The decision is just, and there is no error by mistake of facts as alleged by the defendant.

B. The lower court, while taking into account the circumstances favorable to the Defendant that the Defendant voluntarily surrendered, determined the Defendant’s wrongful assertion of sentencing, is the way that the Defendant was cruel.

arrow