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(영문) 대전고등법원 2014.01.03 2013노336

살인

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for five years.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentencing of the lower court (seven years of imprisonment) is too unhued and unfair.

B. (i) Although it was true that the Defendant misunderstanding of facts in knife the victim, the Defendant did not have the intent to kill the victim at the time.

【The sentencing of the lower court on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. On February 17, 2013, at around 00:30 on February 17, 2013, the Defendant was unable to dived from the room of the Defendant’s dormitory in which the Defendant and the victim J et al. were living. Since the Defendant’s room, etc. was installed at a tent between the Defendant’s public room and installed to string off the Defendant’s public room, the Defendant’s room, etc. was installed so that the Defendant’s public room may breath off the Defendant’s school room, which caused inconvenience in using the kitchen. During that process, the Defendant was able to have the victim resist the above b and other dormitories in which the Defendant was living, and the Defendant was able to assist him, and the Defendant was she returned to the place where the victim et al. al. al. b and C was drinking.

After that, the Defendant resisted to the victim, etc., “drawing, drawing, etc., and drawing, hicking, hicking, hicking, following the victim’s hicking, hicking, hicking, and hicking, B from the narrow corridor on the second floor of the above dormitory building, and C hicked with the victim and D and fighting. After that, the Defendant, etc. continued to hick the victim, hicking, and pushed the victim, and was pushed down to the main door, and the Defendant discovered a transition (20 cm length, total length 30 cm) located on the knick on the floor of the above bed, and collected it, hick down to the stairs outside the entrance of the second floor of the above building.

As above, the Defendant, as a group of fightings, get off the steel stairs from 1 to 2 stairs in order to avoid a group of fightings, B from the front side of the above building.