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(영문) 대전고등법원 2021.01.15 2020노384
살인등
Text

The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for thirty years.

No. 1, 2 of the seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The Defendant and the person who filed an application for a custody order for the treatment and custody (hereinafter “Defendant”) and the person who filed an application for an attachment order (hereinafter “Defendant”) explicitly withdrawn the assertion of mental and physical loss on the first trial date, although the Defendant initially asserted his mental and physical loss on the grounds of appeal.

A) The misunderstanding of the facts or misapprehension of the legal doctrine (the attempted murder) did not have the intent to murder the Defendant G.

Nevertheless, the judgment of the court below which found the victim G guilty of attempted murder is erroneous in the misapprehension of facts or in the misapprehension of legal principles.

B) The lower court’s sentence (30 years of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2) The lower court’s order to attach an electronic device to the Defendant for a location tracking period of 10 years, and the Defendant’s treatment and custody is unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uncomfortable.

2. Regarding each of the reasons for appeal by both ex officio determination, the court below, ex officio, decided the defendant as the crime of murder and attempted murder and sentenced the defendant to 30 years of imprisonment with prison labor for each of the above crimes, reduced mental and physical weakness, and sentenced the defendant to 30 years of imprisonment with prison labor for each of the above crimes. If the defendant selects imprisonment with prison labor for each of the above crimes and the reduction of mental and physical weakness and aggravated concurrent crimes, the scope of the applicable punishment is "from 2 years and 6 months to 22 months", and the court below sentenced the defendant to 30 years of imprisonment with prison labor for the defendant is illegal since it deviates from the scope of the applicable punishment, and in this respect, the part of the judgment of the court below in the case of the defendant cannot be maintained any more.

However, there are such reasons for ex officio reversal.

Even if the defendant's assertion on the part of the defendant's case is based on the misapprehension of the legal principles, the part of the medical care and custody claim and the part of the attachment order claim.

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