logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2014.03.20 2014노62
존속살해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for 13 years.

A seized knife (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. In spite of the fact-finding [the part concerning the violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.)], the defendant did not inflict any injury upon E by the victim, and the victim took a knife and suffered any injury by himself, the judgment of the court below is erroneous in the misapprehension of facts, thereby adversely affecting the conclusion of the judgment.

B. Under the influence of alcohol at the time of committing the crime, the Defendant was in a state of lacking the ability to discern things or make decisions.

C. The lower court’s sentence of unreasonable sentencing (14 years of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. As to the assertion of mistake of facts, the summary of the facts charged and the summary of the violation of the Punishment of Violences, etc. Act (a collective injury with deadly weapons, etc.) among the facts charged in the instant case, “the Defendant heard the voice of murdering C on September 13, 2013, at around 23:30, Gangdong-gu Seoul Metropolitan Government Do Do 201, and prevented the Defendant, the victim, who is the wife of the Defendant, and the victim, e, knife E, the victim’s knifeed the victim’s knife with a knife, which is a dangerous thing for the victim’s knife and knife the victim’s knife.”

The court below found the defendant guilty of this part of the facts charged by taking full account of the evidence in its judgment.

(2) As shown in this part of the judgment of the political party, there are statements made by the court below and investigative agencies of the defendant, statements made by the court below and investigative agencies of the victim E in the victim E, and photographs of the victim's upper part of the case.

(A) In this case’s statement at the investigative agency and the court of original instance, the Defendant, while making a statement with the prosecutor’s office and the court of original instance recognizing the facts charged, denies the fact that the Defendant inflicted an injury on the victim at the time of the trial (in the face of 229 pages, the trial record No.

In this case, a confession made by the defendant at an investigative agency and the original trial.

arrow