(영문) 서울고등법원 (춘천) 2017.10.18 2017노78

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(영문) 서울고등법원 (춘천) 2017.10.18 2017노78

살인등

Text

Defendant

In addition, all appeals filed by the respondent for an attachment order and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant and the requester for an attachment order (1) did not have the intent to murder with the Defendant and the requester for an attachment order (hereinafter “Defendant”)

B) The Defendant merely intended to recover the body of the victim, but did not have any intention to destroy the body.

2) The lower court’s sentence (20 years of imprisonment) against an unfair defendant in sentencing is too unreasonable.

3) The Defendant did not commit murder due to the lack of the intention to commit murder. Even if the crime was deemed as murder, the risk of recidivism is high even if it was considered as a murder.

shall not be deemed to exist.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination on the defendant's case

A. Determination 1 on misunderstanding the facts or misapprehension of the legal principles alleged that the Defendant had no intention to commit murder at the lower court. However, the lower court, based on the adopted evidence, found the following circumstances, i.e., ① the Defendant’s act of assaulting the victim’s head on several occasions on the bench, which is sufficient to harm the victim’s life in light of the level of her degree and repetition, ② the Defendant continued to her head at the victim’s head after 2 and 3 times after her head was taken, even though she was aware that her body was born from the victim’s head and her body increased, it appears that the Defendant could have been sufficiently aware that her head could have been killed. ③ The Defendant did not take all measures to rescue the victim after her crime in this case; rather, the Defendant transferred the victim’s body to the scene, and destroyed the victim’s body.

Determination and dismissal of its argument.

Examining the above judgment of the court below closely by comparing it with the records, the judgment of the court below is just.

On the other hand, the Defendant committed crimes.

유사 판례

-부산고등법원 2018.10.24 2018노353

-서울고등법원 2016.07.15 2016노1414

-서울고등법원 2018.08.30 2018노1222

-대전고등법원 (청주) 2018.11.29 2018노75

-부산고등법원 (창원) 2017.03.22 2016노392