(영문) 서울고등법원 2015.02.05 2014노2271 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2015.02.05 2014노2271

살인등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for fifteen years.

Reasons

1. The sentence imposed by the court below (18 years of imprisonment) on the defendant is too unreasonable in the following respect.

The facts acknowledged by the court below cannot be recognized in the following respects:

In light of the following facts, the Defendant’s defense counsel asserted that, in the statement of grounds for appeal, the Defendant cannot be held liable for the crime of murder even if there is no death or injury on the part of the Defendant, except for the death or injury on the part of the Defendant. However, in the written opinion dated January 13, 2015, the Defendant withdrawn this part of the claim and recognized the murder by willful negligence.

As such, the remaining misconception of facts and misapprehension of legal principles are understood to the effect that the facts premised on sentencing differ from the contents of the lower court’s recognition and thus the sentencing is unfair. As such, the part on “2. Determination” is determined along with the assertion of unfair sentencing, and the part on which the Defendant’s assertion is accepted should be reflected in the crime within the scope that does not harm the principle of unreasonable appeal.

1) The Defendant did not have taken the victim’s neck by hand. (2) The Defendant had no intention to murder from the beginning and entices the victim to the place of murder of this case, or prepared knife, sphere, sphere, sphere, and sphere inserted.

Therefore, it is different from the fact that the crime is planned, such as preparing for the crime closely with the intention of murder in advance.

3) The Defendant first did not prevent the victim from suffering with the conclusive intention of murder, but thereafter, the Defendant only caused the victim’s death with the wind to prevent severe body fightings with the victim by accident. 4) In the process of abandoning the body of the victim, the Defendant is between carrying the body on the back left part of the victim’s vehicle, which is not a bitle, in the process of abandoning the body of the victim.

B. In light of the normal relationship, the instant crime is contingent.

유사 판례

-서울고등법원 2013.07.12 2013노1866

-부산고등법원 2012.12.12 2012노373

-서울고등법원 2014.10.24 2014노1841

-광주고등법원 (전주) 2019.06.25 2018노235

-서울고등법원 2017.01.26 2016노3880