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(영문) 광주고등법원 2013.08.29 2013노223

살인

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for 16 years.

Seized knife No. 1 (No. 1) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts has returned to the victim since 09:00 on the day of the instant case.

In 16:00, the court below found the defendant guilty even though he had not killed the victim, because he had returned home at approximately 16:0 and had found that the victim died because he was she was off of his clothes, and the court below found the defendant guilty.

(2) At the time of the instant crime, the Defendant was drunk to the extent that he did not memory, and was in a state of mental disorder or mental disorder.

(3) The lower court’s sentence of unreasonable sentencing (12 years of imprisonment) is too unreasonable.

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

2. Judgment on the defendant's assertion of mistake of facts

A. (1) According to the result of the victim's autopsy on the victim's body by the National Scientific Investigation Agency, the victim's private person shall be recognized as a chest scarcity, in full view of the following: (a) the victim's left scarf, the left scarf, the left scarf, and a fatal long-term damage and scarf by his own window at the length of 4.5 cm, and there was no other damage or disease likely to be a private person; and (b) there was no detection of the toxic substance ingredients to be peculiar.

(2) Meanwhile, in light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the victim cannot be deemed to have reached the knife with the left left left knife in light of the following: (a) the victim’s conversations with the Z on the day of the instant case, including “the victim’s body is fine”; (b) there was no warning, such as the victim’s flicking of body; and (c) there was no other victim’s flife, such as a knife; and (d) there is no particular motive for the victim to commit suicide; and (e) the victim cannot be deemed to have reached the knife in light of the direction of the knife and the knife on the knife.