(영문) 서울고등법원 2018.06.21 2018노148 | 리걸엔진

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Reasons

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(영문) 서울고등법원 2018.06.21 2018노148

살인

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (three years of imprisonment) is too unreasonable.

B. A prosecutor 1) In light of the fact-finding and legal principles, the Defendant, misunderstanding the victim’s heart, has reached knife the chest with knife, has reached 12 cm in depth, and the above knife has been moved to knife immediately after the commission of the crime, etc., the Defendant can sufficiently be fully recognized at the time of the commission of the crime.

In this regard, the court below finds it difficult to recognize the intention of murder by the defendant while recognizing the fact that the defendant has injured the victim.

In light of the above, the judgment of the court below is erroneous in misapprehending the facts or misapprehending the legal principles, which affected the conclusion of the judgment.

2) The above sentence sentenced by the lower court is too unhued and unfair.

2. Determination

A. On July 8, 2017, the summary of this part of the facts charged is as follows: 1) The defendant, at around 02:00 on July 8, 2017, killed the victim by having the victim in a de facto marital relationship with the victim at the defendant's house located in the Eunpyeong-gu Seoul Building and the defendant's house located in 201, fighting with his husband and wife, and fighting the victim's left chest knife (the total length of 32 cm, the knife length of 21 cm) one time in depth at H hospital located in Eunpyeong-gu Seoul Metropolitan Government around 03:40 on the same day.

2) The summary of the judgment of the court below is as follows, which can be recognized by the evidence duly adopted and examined, and the following facts and circumstances are as follows: (i) the defendant did not make an additional attack with the victim only once, and (ii) the defendant did not do so; (iii) the knives of the knives of the knives into the knives of the 3-4 knives of the knives into the knives; (iv) the knives of the knives of the knives of the knives of the knives, even if the knives

유사 판례

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