(영문) 의정부지방법원 2020.11.12 2020노2244

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Reasons

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자간(%)

(영문) 의정부지방법원 2020.11.12 2020노2244

사체은닉

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (in fact-finding and unreasonable sentencing) 1 did not agree with D’s request, and there is no fact that the Defendant conspireds to commit a crime of concealing the body. Nevertheless, the lower court’s judgment that recognized the Defendant as a joint principal offender for the crime of concealing the body was erroneous in misunderstanding of facts. 2) The lower court’s punishment (two months of imprisonment) is too unreasonable.

B. The lower court’s sentence is too unfilled and unfair.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of misunderstanding of facts, it is reasonable to view that the Defendant conspiredd with D regarding the crime of concealing the dead bodies of this case.

It is just that the court below recognized the defendant as a co-principal in the crime of concealing the dead body, and there is no error of misconception of facts.

1) On April 26, 2020, at around 03:32, the Defendant: (a) boarded a low-income car driven by D with D; and (b) testified D to the effect that “the Defendant died of the victim”; and (c) observed immediately that the victim gets a transparent plastic bag with D’s face (from head to head part) while taking a white plastic bag. (d) The Defendant heard the horses “Doc delivery” from D, sees the horses, sees D’s “Doc delivery,” and d’s arrival at the G neighboring mountain located in J of the Republic of Korea, and Doctrine wearings, D wears a stock farm and sacr; and (d) in light of the direction that D was ki during the process of embling the victim by using booming and inserting booms and insertings.

3. In the prosecution, the Defendant accepted the phrase "D's help and delivery to be treated together with the Defendant because it is difficult for the Defendant to treat the body of the victim," and it is recognized that D's body was to be buried with the body of the victim, and that D's body was to be buried with the body of the victim, and D's body is to be buried with the body of the victim, and D's body is to be worn with the body of the victim.

유사 판례

-의정부지방법원 고양지원 2013.01.11 2012고합345

-대전지방법원 2013.07.12 2013고단1827

-창원지방법원 2015.12.30 2015고합186

-전주지방법원 정읍지원 2012.12.28 2012고합63

-대전지방법원 2013.03.19 2013고합25