logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2020.09.24 2020도5503
살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Prosecutor’s Grounds of Appeal

A. The court below reversed the judgment of the court of first instance that found the Defendant guilty on the grounds of its stated reasoning, on the following grounds: (a) it is difficult to recognize that “the instant passenger car on which the victim was on board without being sealed does not fall into the sea; (b) it is difficult to understand the meaning of the method of the offense indicated in the primary facts of the offense; and (c) there is insufficient evidence to deem that the Defendant only divers from pecuniary gain and killed the victim, there is insufficient reason to deem that the motive for the offense was formed; and (d) it was not proven

B. The following circumstances revealed by the reasoning of the lower judgment are the circumstances under which the Defendant, by means of noting the instant vehicle, falls into the sea and intentionally kills the victim according to the breakwater slope of the breakwater.

In other words, by cancelling three insurance contracts with the victim as the insured at the victim's request before the second month of this case, and concluding five new insurance contracts with the victim's insured at the victim's request before the victim's death, the total insurance amount to be paid at the time of the victim's death has increased from the total of KRW 370 million to KRW 3750 million to KRW 1150 million to KRW 1250 million, and the death insurance amount stipulated by the special agreement of the above five insurance contracts with the E Company AH and AI two insurance contracts taken over by the E company among the above five insurance contracts is equivalent to the total of KRW 1 billion; the above company is equivalent to the maximum limit of the death security that the victim may take over to the insured as the professional father as the victim; thereafter, the above five insurance contracts were changed to the defendant at the victim's request before the 10th day of this case; and the defendant driving the automobile of this case and starts with the part surrounding the breakwater.

arrow