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(영문) 서울고등법원 2017.10.26 2017노947

살인등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the course of misunderstanding of the facts or misunderstanding of the legal principles, the Defendant received and used the passbook and seal from the victim’s name in the process of borrowing KRW 5 million from the victim D, and did not murder the victim, nor stolen the passbook and seal, and the Defendant did not terminate the pension insurance contract for the life insurance company (hereinafter “new life insurance company”) to which the victim was enrolled (hereinafter “new life insurance contract”) and did not receive the refund money for the subsequent year.

In addition, since the defendant was permitted by the victim to withdraw and use five million won from the Agricultural Cooperative account as above, preparing and presenting a written request for a deposit in the victim's name does not constitute forgery of a private document or use of a falsified investigation document, and withdrawing money from the Agricultural Cooperative account within the above five million won does not constitute fraud or theft, and the defendant does not have habitual nature.

2) The punishment sentenced by the lower court (15 years of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Judgment on the misapprehension of the legal principle or mistake of facts

A. (1) On January 29, 2013, the Defendant’s summary of the official death room borrowed KRW 5 million from the victim’s house at around January 29, 2013 to the victim for the repayment of stuffs and losses, but the victim continued to have no money.

“Along with the self-esteem of the Sivinae at the time of refusal, the victim was killed with his mind of murdering the victim by salvating the victim’s salvating salvating salvating salvating salvating salvating salvating salvating salvating salvating salvating salvating and selling at the same time.”

2) The lower court determined as follows: (a) taking account of the fact that the body of the victim was found to have laid off the body of the victim, the possibility of cutting off the body after the death may be ruled out, the victim’s loss or arms may be ruled out.