A defendant shall be punished by imprisonment for seven years and suspension of qualifications for one year.

The seized golf hedging (PW No. 4), one golf hedging (No. 4), one golf har (No. 5), one golf har (No. 6), one golf harf (No. 7), and another golf harf (No. 8) shall be confiscated.

A. Defendant

1) misunderstanding of facts and misunderstanding of legal principles

There is no intent to commit murder against the Defendant. The Defendant did not plan murder, and only committed assault to the extent that he prevented the victim under the circumstances where the victim continued to do self-harm. The Defendant did not prices the victim with golf loans, and only took golf loans hedging and took the victim’s arms and legs. The Defendant did not have any usual violent tendency.

2) Unreasonable sentencing

The punishment of the lower court (15 years of imprisonment, suspension of qualifications one year, etc.) is too unreasonable.

(b) An inspection;

The sentence of the court below is too unhued and unfair.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. Summary of the facts charged (a)

The defendant and the victim B (the 52 years old) are married couple on May 6, 1989.

On April 9, 2019, the Defendant became aware of the fact that the Defendant had been absent from the Victim E and another male and female on April 9, 2019, when he was living together with the Victim on two or more occasions around 200 and January 2017.

Accordingly, in order to secure the evidence of the Buddhist, the Defendant, from April 30, 2019, posted a small tape recorder at home, which was discovered by searching and examining the application, location tracking devices, and ultra-small tape recorderss capable of automatically storing the contents of telephone from around April 30, 2019, around May 14, 2019.

Since then, around 07:30 on May 15, 2019, the Defendant recovered the above small tape recorder from the above vehicle, and confirmed the contents of the virtual tape recording on the deaf door (container) used by the Defendant in G, and heard the contents of conversations between the victim and E. The contents are mainly able to use the passbook or card of “A (Defendant).” The victim may use the passbook or card. The victim may use the passbook. The money may vary to A, if the cell phone is turned out, the victim's movement is cut off, the victim's cell phone is cut off, and the cell phone is turned out, and there are any years, and the body of the vehicle is divided into two parts, and it is possible for us to look into the victim's non-wheeled relationship, such as the victim and the E. . . . . . . .. ... Do not only the Defendant's property relationship, but also the Defendant's movement.

On May 15, 2019, at H’s second residential premises around 11:51, 201, the Defendant follows the Defendant’s misconduct, and whether the victim returned home, as he had seen in the above recording content, are drinking together with the Defendant, and still drinking E, rather than in the Defendant’s water, the Defendant’s physical condition that “I am satch satch satur satur sat? satur satur sat satur sat satur sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat sat.

The Defendant, while recognizing that the body of a victim, who is much smaller than that of himself, may die due to golf, drinking, growth, etc., he was aware that the Defendant might die. In other golf loans (104 cm a total length of 104 cm and 4 cm a total length), the Defendant opened the victim's body, opened the victim's face, fright, etc. with the victim's hair, walking the victim's face, fright, etc. with his breast, or down the victim's body by hand.

이후, 피고인은 몸을 가눌 수 없어 안방으로 기어들어가는 피해자의 엉덩이를 위 4번 아이언으로 2~3회 가량 때린 후 고통으로 신음소리를 내는 피해자를 병원에 데려가는 등의 조치를 하지 아니하고 침대 위에 방치해 둔 채 주방에 흘린 피나 오물을 닦고 부러진 골프채를 치우는 등 하다가, 같은 날 16:55경 피해자가 건드려도 반응이 없고 호흡도 멎은 상태에서야 비로소 119신고를 하였다.

The victim sent back to an emergency room of J Hospital in I by the 119 first responder, but was killed in 18:00 of the same day by the 18:00 square meters of the same day.

Accordingly, the Defendant murdered the victim.

B. The judgment of the court below

Comprehensively taking account of the following circumstances, the lower court determined that the Defendant could have recognized the criminal intent of murder on the grounds that: (a) the Defendant was aware that he was undergoing the victim by launching the victim and taking the face, head, etc. by drinking; (b) the Defendant was aware that he was able to die with golf loans that he was satising the victim’s chest and extracted satis; and (c) the Defendant was aware or predicted that the victim could die.

(1) In addition to the photographs taken of the victim’s body immediately after the victim’s death, the report on the results of an examination of the victim’s body written by the investigator L, who examined the victim at the scene immediately after the victim’s death, and the results of an examination of the victim’s body M by the National Scientific Investigation Agency’s official M by the National Investigation Agency, and the legal statements of M by the court below, the victim may be recognized as

② 법의학 교수 O는 '망인의 머리 앞쪽 이마와 관자, 마루 부위에는 넓은 부위의 두피하 출혈이 확인되는바, 이는 국소적인 범위가 여러개가 겹친 양태여서 넘어져서 새긴 기전과 달리 주먹 등의 직접적인 가격에 의한 손상이라고 판단된다. 망인의 목 부위 손상을 확인하면 피해자에게서 목을 손으로 압박하는 액경(厄境)의 기전이 작용하였다고 판단된다. 피고인은 피해자가 전선으로 스스로 목을 감았다고 하나 피해자의 목에서는 이에 합당한 끈자국이 전혀 보이지 않아 전선으로 감았다고 판단할 수 없다. 갈비뼈 골절의 양상을 보면, 왼쪽 앞쪽의 제2-7번째 갈비뼈 골절, 왼쪽 가측의 제9-10번째 갈비뼈 골절, 오른쪽 신체 후면의 제1번 갈비뼈 골절, 오른쪽 가측 제3-6번 및 제9번 갈비뼈 골절이 확인되는바, 앞쪽의 골절은 심폐소생술과의 연관성을 완전히 배제하지 못하나, 가측과 후면부 갈비뼈 골절은 오른쪽 가슴보형물의 가측 파열과 함께 고려한다면 가슴의 직접적인 문체의 압박 또는 가격에 의한 골절일 가능성을 우선적으로 추단한다. 망인의 가슴 내 심장의 파열은 폭력에 의한 충격으로 발생했다고 볼 수 있다. 위와 같은 손상을 보면, 피해자의 팔과 다리만을 가격하였다는 피고인의 주장과는 달리 체격 차이가 있는 상대방에 대하여 과도한 폭력이 행사된 것으로 보이고, 외부에 나타난 행위 형태와 행위의 상황 등 구체적인 사정을 종합해 보면, 피고인에게 피해자의 사망에 대한 예견가능성이 없었다고 인정할 수 없다'는 취지의 소견을 밝혔다.

③ In full view of the following facts: (a) the hole itself appears on the outside side of the victim’s arms arms and legs is particularly broad and advanced; (b) the upper part of the victim’s arms and legs tend to be concentrated on the inside rather than the arms and legs; (c) the hedging discovered at the scene is separated and opened golf loans; and (d) the Defendant’s statement recognizing that the victim was at the time of the instant crime was committed by golf loans, etc., the Defendant taken the victim’s body pain, took the face and head by drinking, etc.; (b) taken the victim’s body part by golf loans, taken the victim’s body face and head by taking the victim’s body part by hand; and (c) the victim’s body part by stroke, stroke, and strokeed the victim’s body part by blood reduction in internal circulation; and (d) assaulted the victim’s body body with a considerable strength to the extent that the victim’s body was likely to cause a strokeic shock

④ In full view of the fact that the Defendant neglected the victim for several hours after the Defendant assaulted the victim, and reported the victim in 119, the Defendant appears to have died of the victim’s physical condition due to the Defendant’s strong assaulting with drinking and plant, golf loans, and cutting down the neck, which led the victim to a threat to his life, even if the victim mobilized and defends his physical power, and eventually unfolded or avoided his body. Ch 179cm and the body weight of 85 km, the Defendant, a man, who was a man, had a physical size of 157 km, had a small body size of 60 km above that of 157 km, can sufficiently be anticipated from the perspective of the general public. Therefore, the Defendant’s intention or intent to murder is sufficiently recognized.

⑤ Around April 9, 2019, the Defendant used and lived with the victim, despite the victim’s appearance twice in the past. Around April 9, 2019, the victim referring to E, referring to the victim’s internal south, had a shock speech that the victim gets out of the body with another male, and collected evidence by doubting the victim’s external appearance on the day of the instant case, the victim and E would like to sexually depi the Defendant, or to epic the Defendant’s trade secret card, and epic the Defendant’s conversation that the two people want to have sexual intercourse, and immediately after the conversation, the Defendant got the victim into the Defendant’s office by talking the victim with the phone and making the victim come out of the Defendant’s office. At the time of the instant crime, the Defendant seems to have been seriously shoted or interested in the external appearance of the repeated victim, and eventually, the Defendant did not have any motive to kill the victim by committing the instant crime.

C. Judgment of the court below

A prosecutor bears the burden of proving the existence of an intentional act, which is a subjective element of the crime charged, and the conviction ought to be based on evidence with probative value sufficient to make a judge feel true beyond a reasonable doubt. Thus, if there is no such evidence, the interest of the defendant should be determined in the interests of the defendant even if the defendant is suspected of guilt. Furthermore, even if there are circumstances where the result of the crime is very significant and significant, and there is a high possibility of criticism in the motive or method of the crime and the circumstances of the crime, determining the punishment heavier for the reason that it is disadvantageous to the sentencing should not be easily acknowledged on the ground of such circumstance, and when it is recognized, rush must be careful (see Supreme Court Decision 2015Do5355, Oct. 29, 2015).

In the event that the Defendant did not have the intent to commit murder at the time of the commission of the crime, and only there was only the intent to commit an injury or assault, whether or not the Defendant had the intent to commit the crime at the time of the commission of the crime ought to be determined by comprehensively taking account of the objective circumstances before and after the commission of the crime, such as the background leading up to the commission of the crime, motive for the crime, the existence of a deadly weapon prepared, type, method of the crime, the nature and repetition of the attack, the possibility of the occurrence of the consequence of the death, etc. (see Supreme Court Decision 2010Do9869, Nov. 11

In light of the above legal principles, the evidence duly adopted and examined by the court below and the court below and the following circumstances, it is difficult to view that the evidence submitted by the prosecutor alone proves that the defendant had a criminal intent to kill the victim beyond the intention of the bodily injury, and there is a proof to exclude a reasonable doubt. In light of the above legal principles, the court below erred by misapprehending the legal principles and misapprehending the legal principles, and the defendant's assertion pointing this out has merit.

1) The circumstances leading to the commission of crime and the motive for the commission of crime

① The Defendant and the victim did not have a violent inclination against the Defendant in ordinary times. The Defendant and the victim’s second son did not engage in either flatly verbal or violent acts in a trial court. Although there was no dispute between the Defendant and the victim, the Defendant did not commit verbal abuse or assault against the victim. However, the Defendant stated that the victim did not have any sexual assault or assault against the victim. On April 15, 2019, the Defendant, the victim, P, and AC met together with the victim after the victim got out of the trial (2-3 pages of the record of the AC’s examination). The Defendant stated that the victim did not raise the victim’s speech (2-3 pages of the record of the trial record). First, the lower court stated to the effect that the Defendant and the victim did not dispute with each other or take body (128-129 pages of the trial record).

② Although there is a fact that the defendant had the intention to commit the crime, it is difficult to readily conclude that the defendant had the intention to commit the crime of murder.

In 200 and 2017, the victims of the crime to be established and the victims of the crime had a separate proposal, and around 2019, the victims had a relationship with the male E and female in the relationship with the male E and the other male. While being aware of the past unknownness, the Defendant used the victims and continued the marriage life.

On April 9, 2019, the Defendant: (a) divided the relationship between the victim and E with the victim and the other male, without any special response, immediately after having heard that the victim's infinite relationship with the victim and the other male, and (b) appears to have reached a settlement with the victim around April 15, 2019 (Evidence Records 252-253, 607 pages); and (c) E stated that "the victim was not likely to have been able to be able to get the phone of the defendant on the day of the instant case," at the lower court, the Defendant stated that "the victim was not able to get the phone of the defendant on the day of the instant case." (C)

B. The Defendant: (a) was aware of the non-defluence relationship between the victim and E; (b) was frequently phoneed to the victim even after the accident; and (c) was made efforts to recover the marital relationship between the victim and the travel with the victim on May 6, 2019. The Defendant searched Jeju Aviation Right on the day of the instant case (Evidence Record 574 pages).

㉣ 이 사건 당일 피고인과 피해자 사이의 갈등이 과거 피해자의 불륜 사실과 달리 피고인으로 하여금 피해자를 살해할 마음을 먹게 할 만큼 특별히 심각했던 것으로 볼 특별한 정황을 찾을 수 없다.

③ The Defendant’s hearing of the recording file on the day of the instant case does not immediately find the victim as soon as possible, but rather made several calls and calls at least four hours and met the victim after the lapse of at least four hours.

The contents of the recording file on the date of the instant case include the content that the victim maintains the relationship with E and the property search, and the Defendant’s match is included. However, the content of E is the first expression to the victim, and the victim does not speak against the Defendant.

Around 07:30 on the day of the instant case, the Defendant: (a) stored the recording file in a computer that was in a scambling around 08:43 (Evidence Records 579); (b) the Defendant’s first call time with the victim was around 10:17 on the day; and (c) the Defendant’s call was around 11:04 (Evidence Records 108, 109). Before and after this, there was a number of calls between the Defendant and the victim. Around 11:43, the Defendant returned to the scambling, and the victim returned to the 11:51 (Evidence Records 197, 200).

Before hearing the recording file, the Defendant was unable to find or contact the victim. The Defendant did not end up with the victim to move the victim to any other place than the house, and met with the victim at home around 11:51 on the day.

④ The Defendant asserted that there was a self-harm attempt of the victim and that this was the beginning of the assault against the victim. It is difficult to completely eliminate the possibility of self-injury by the victim.

㉠ 피해자는 다툼이 있거나 술을 마시면 충동적으로 자살을 암시하는 언동 및 행동을 한 것으로 보인다. 피해자는 2015. 2.경 및 2017. 10.경 두 차례 수면제 과다복용으로 응급실에 입원한 적이 있었다. 피해자의 큰 딸 P은 2017. 10.경 간호사로부터 피해자를 혼자두면 어떤 자해행위를 할지 몰라 위험하니, 혼자 두지 말라는 취지의 말을 듣기도 하였다(공판기록 129쪽), 피해자의 둘째 딸 AC는 '피해자는 2015년과 2017년 수면제 과다복용으로 병원에 실려 간 적이 있었고, 자살을 목적으로 한 것이다. 술을 마시면 죽어버리겠다는 말을 자주 하였다'고 진술하였다(AC의 증인신문 녹취서 5쪽), 피해자의 내연남 E은 '2019. 4. 10.경 피해자와 함께 여행갔다가 다툼이 있은 후, 피해자가 죽고 싶어서 산속을 헤맸다고 이야기 했다'고 진술하기도 하였다(공판기록 105쪽), 피해자는 이 사건 당일 소주를 많이 마셨고, 혈중알코올농도 0.167%의 만취 상태였다(증거기록 774쪽).

At the time of the instant case, the victim threatened the Defendant with the shouldered soldiers while threateninging the Defendant at the time of the instant case, and there seems to be also the possibility that the Defendant had a strub fighting in the process of preventing the Defendant from doing so. Both descendants of the Defendant have a beer wound in the kymal material (Evidence No. 104-105 pages) and a shocker’s disease in the scene of the crime was discovered in the garbage tank. This is consistent with the circumstance that the Defendant fights against the Defendant by citing and threatening the shouldered soldiers, and the Defendant fights against it. Meanwhile, the victim’s body was in existence under the left left part of the victim, which suggests the possibility that the victim would have injured himself.

(ii) the existence, type, and usage of prepared deadly weapons;

① The Defendant did not prepare golf loans in advance to use in committing a crime. The Defendant stated to the effect that “The Defendant was placed in the front or front wall of a flat golf course one to two parallels of the Defendant” (five pages of the AC’s examination record, N’s examination record, two-third pages), and that “The Defendant made a golf course at the Defendant’s house’s investigation agency on May 5, 2019, and installed one golf course on the front wall (370-372 pages of the evidence record).” In light of this, it appears that the Defendant used golf, which was installed in the front or front wall of the front wall near the scene of ordinary crimes.

(2) The Defendant mainly assaulted the victim with his/her hand and her tone, and did not use any other lethal weapon in addition to golf loans.

Even according to the facts charged by the Commission, the defendant was going to walk or walk the victim by drinking, launching, etc., and the victim was sent to several times or two or three times in the name of wawale, four son, and the victim was sent to the victim. The victim's autopsy L showed her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her face, and the face was not visible to the victim. The victim's her her her her her her her her her her her her her her face was not the same as the body. When the body was made to the body, the victim stated to the effect that the her her she she she

At the time of the instant case, there was a distance from the territory of the Republic of Korea, such as a knife, a shoulderer, and a knife’s disease, to easily catch the victim’s reputation. If the Defendant had a criminal intent to murder, the said articles could have been used. However, the Defendant did not use a deadly weapon, except golf bonds.

③ The Defendant does not seem to have purchased the victim by using golf humfing with golf humfing with golf humfing. If the Defendant had a criminal intent to murder, the Defendant was to have prices the victim with golf humfing without any discrimination, but there is no such humfing on the body of the victim.

In a case where the victim of a crime committed by the crime of murder and prices the victim with golf loans, it is reasonable to see that the Defendant’s knife or booms the victim with the intent of murder. However, the victim’s head and inside part of the victim’s hair only exists with the joints and joints, and there is no joints and joints and joints of hand and arms, and the knife exists on a bridge, and there is no joints and joints and joints of the knife with the knife. Of which the knife is laid down on the bones of the body, the knife in front does not exclude the relationship with cardiopulmonary resuscitation, and there is no possibility that the knife may be cut back by the pressure or price of the body that is next and subsequent to the knife (Evidence evidence No. 1015, Law Professors’s advisory body). However, there is no ground to acknowledge that the knife is subsequent to the body.

With respect to the existence of a superior position presumed to be facing with golf Hd parts among the body of the victims of war war, the National Scientific Investigation Research Institute's legal officers M of the National Institute of Science and Investigation stated that "the body of the victims, in addition to the middle blood transfusion, there exist a number of holes, sprinking sprinking, and ruptures, etc., in addition to the middle blood transfusions, and they are damaged due to their impact on the relevant parts, but all of them are difficult or impossible to individually explain the type of external force or the situation in which the damage caused each by non-specific damage, or the situation in which the damage caused each by each damage, or the weather." In conclusion, it can be understood as a summary that the body of the victims is facing with golf humd parts.

On the other hand, the defendant seems to have been at the time when he was at the price of the victim. The defendant's hand had a beer's upper body (Evidence No. 104, 105 pages), and the defendant's blood trace was discovered (Evidence No. 547 pages) in the part of the golf bond hedging, and the golf loan No. 4 had a point of 18cm from the end of the knife (Evidence No. 124 pages) of the total knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

㉣ 피고인은 골프채의 헤드 부분이 아닌 막대기(샤프트) 부분을 회초리처럼 이용하여 피해자를 가격한 것으로 보인다. 피고인은 골프채의 막대기(샤프트) 부분으로 피해자를 가격하였다고 진술하였는데, 피해자의 하체 부분에 집중된 중선출혈은 이러한 피고인의 진술을 뒷받침한다. 피고인이 살인의 범의를 가지고 골프채로 피해자를 가격하였다면, 손잡이를 잡고 헤드로 피해자를 내리치는 방식으로 골프채를 사용하였을 것이나, 피고인은 막대기(샤프트) 부분을 사용하였을 뿐이다.

Compared to the value of the non-identical substance, such as the golf hye composition, was discovered in the upper part of the victim’s timber. However, it is insufficient to view that the Defendant calculated the upper part of the victim’s timber hye with golf hye. The Defendant did not inflict any injury on the part of the victim’s hye or any other part of the golf hye hye, on the ground that the hye was found. The sye discovered in the upper part of the victim’s timber hye is not necessarily caused by the contact, but may be caused by the sye hye. The sye is more hot materials. The sye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye hye.

3) The commission and repetition of an attack

(1) It is also unclear whether the defendant intends to kill the victim because he/she is stroke.

The author presented his opinion that M of the Law of the National Scientific Investigation Agency of the Republic of Korea established by the Commission for the Prevention of Corruption may not take the defendant's hand (the trial record 67 pages). Specifically M is a damage that may arise in the course of bending or examining the frame of the 5th floor of the neck. There is a hole accompanied by a spoke spokes on the right side of the victim's right side, there is a minor 3 spokes in front, and there is a minor spoke spokes in front, which is caused by the main external strength of the hole, and the meaning of damage may not be determined because the 3 spokes under the above spokes were damaged non-specific, and even if the spokes were committed, it does not affect the death (the trial record 66-66-66-66-6-6-6-6-6-6-6-6-6).

㉡ 피해자의 사망원인은 목조름에 의한 질식이 아니다. 만일 피고인이 피해자에 대한 살인의 범의를 가지고 목을 졸랐다면, 피해자의 목을 조르다 말고 폭행하는 대신, 목을 계속 졸라 피해자를 교살(紋殺)하였을 것이나, 피고인은 피해자의 목을 졸라 죽이지 아니하였다.

② The main body was concentrated on the body of the Defendant with the enormous part of golf loans, and the body was almost almost on the body of the Defendant, such as head, chest, and clothes.

There is a intensive concentration on the victim's her tum and bucker.

Although there is a mid-to-face transfusion on the chest part of the victim's chest (Evidence No. 20 of 778 of the evidence record) but there is room to view that there was a price in the process of selling in contact with the left part of the arm's length. There is no mid-to-face transfusion on hand and arms.

C. The Defendant does not have any flance of the victim’s head or dubation using golf loans. A professor of medical science confirms two side and back side of both sides of the floor in the body of the deceased’s head, and there is no opinion to flatize the two parts in a narrow range on the upper side of the left side of the large brain, but there is no opinion to flat the upper side of the head and the upper side of the head, i.e., the upper side and the upper side of the head and the upper side of the flatum in a narrow range, and the upper side and the upper side of the flatum and the upper side of the flat are presumed to have been caused by the flat. It is difficult to view that there is no significant damage to the parts of the body of the deceased, and thus, the latter directly prices the parts of the body (Evidence No. 1013 pages of the evidence record).

③ The Defendant’s assault against the victim is not repeated for a long time, and it is difficult to view that the Defendant’s assault by using a shower part of golf loans has the intent to commit murder.

The Defendant assaulted the victim about 20 to 30 minutes of the crime, and in particular, stated that the intensive time is merely 15 minutes (Evidence Records 670 pages). There are no other particular data to know how much the Defendant had repeatedly committed the victim for a long time.

With respect to the time when the Defendant started assaulting the victim, there is no sufficient evidence to specify this time. The Defendant stated that the Defendant started assaulting around 14:00 on the day of the instant case (Evidence record: 670 pages, the point that the police talked about about 2 hours with the victim), and that the Defendant started assaulting around 13:0 to 13:30 on the day following the prosecutor’s questioning (Evidence record 820 pages), but the lower court stated that the Defendant started assaulting around 14:30 (Taking 155 pages of the trial record): Provided, That considering that the Defendant and the victim dice alcohol while communicating, and that the victim’s blood alcohol level was 0.167% full time, the Defendant’s conversation was presumed to have been made for a considerable period of time. The Defendant’s 10 minutes before the Defendant committed assaulting to the victim, and that the Defendant’s 6th day after the Defendant’s use of the victim’s clothes was still closed, and the Defendant’s 6th day after the Defendant’s 6th day (Evidence evidence).

B. Although there were two golf loans used for committing the crime by the Defendant, it is difficult to commemorate murder solely on the basis of these circumstances. (a) The Defendant made a statement to the effect that “the Defendant was knife with the knife of the gyed gye and ging with the gyd part for the purpose of cutting down to the victim,” and that “the gye was damaged by the gye (Evidence No. 653 pages),” and the gye of the gye (gye No. 4) was destroyed by the gye-gye-gye-gye-gye-gye-gye-gye-gye-gye-gye-gye-gye-gy-gye-gye-gye-gye-gye-gye-gye-gye-gye-gye-gye-gy-gye-gy.

④ The Defendant appears to have suspended the use of violence, not until the victim dies, but only until the victim has been forced to suppress the victim’s resistance and control the victim.

There is a substantial difference between the time when the defendant's house and the time when the victim died. As seen earlier, N, a living together of the defendant, visited the house of the defendant at around 16:23 on the day of the instant case, and the victim was living in the room, such as the victim was frightening to a small sound. Considering that the time when N visited the house of the defendant after a considerable period of time from the time when the assault ends, there is considerable difference from the time of the conclusion of the assault until the time of the view.

The reason why the Defendant suspended her face of war was when the victim did not make a resistance (Evidence No. 659-661). The Defendant did not continuously assault the victim, but suspended the assault after a certain point of time. Around that time, the victim was able to move by being married.

4) The possibility of occurrence of the death result

① 피해자의 사망의 원인은 1차적으로는 외상에 의한 이차성 쇼크(속발성 쇼크) 이고, 2차적으로는 심장눌림증(심장압전)이다. 외상에 의한 이차성 쇼크[속발성(續發性) 쇼크, secondary shock]란 외상으로 인하여 순환혈액량이 감소되어 주요 기관의 기능장애가 일어난 상태를 의미하고, 비교적 광범위한 멍에 의하여 일어나는 쇼크이다. 심장눌림증[심장압전(心臟壓壤, cardiac tamponade]이란 심장을 둘러싸고 있는 장측 벽막과 외측 벽막 사이에 혈액 등이 고여 심장이 꽉조인 것과 같이 되어 심장의 기능이 떨어지는 증상을 의미하고, 심장막 안에 다량의 혈액이 고이는 경우 발생할 수 있다.

(2) The defendant seems to have not been aware of the fact that the victim may die from the external shocks caused by violence.

The Director M of the Law of the National Institute of Scientific Investigation of the Korea Institute of Science and Technology stated to the effect that "the degree of omission in the accelerated shock is very difficult for medical personnel to understand it well (74 pages of the trial record)" by the general public to the effect that the victim's private person is not considered to be this.

In the face, arms, and legs of the victim, there are many holess, sprinkings, sponsings, and sponsings, sprinkings, and sponsings, after the chest side and the rear side side. However, the defendant did not appear to be sprinking sprinkings directly on a fatal side. It seems that it was difficult for the defendant who did not use sprinkings for the victim to think that sprinking shocks may occur.

B. The Defendant cannot be deemed to continue to commit assault with the knowledge that the victim may have caused a sudden shock from a large quantity of sub-explosion, because the Defendant did not have a large amount of external explosion at the time of assaulting the victim.

㉣ 피고인과 피해자 모두 술에 취한 상태에서의 범행이었기 때문에 구타의 정도나 부위에 대하여 둔감하였을 수도 있다.

The Defendant is not an expert in medical science.

(3) The inter-fluence of hearts can be deemed as one of the causes of death of a victim, but it is difficult to conclude that the defendant committed an assault.

The Ma of the Law of the National Scientific Investigation Agency of the Do governor of the Do governor of the National Science and Investigation Agency of the Republic of Korea seems to have served as other artificial external powers on the body part other than cardiopulmonary resuscitation in addition to cardiopulmonary resuscitation, such as a hole in the body side and the rear side of the body body, the Ma of the Do governor of the National Science and Investigation Agency of the Republic of Korea shows that the Do governor of the Republic of Korea functions as other artificial external powers besides cardiopulmonary resuscitation, such as where the framework of the body body of the body is formed behind or behind the body, and the body is formed in the rear side. This is considered, but it is difficult to distinguish Ma from the external force, but it is difficult to distinguish Ma.

Recognizing that there is rationality in the conclusion of the autopsy as the cause of death, the professor of the law of the Republic of Korea and the professor of the law of the Republic of Korea concluded that it is reasonable to conclude the separation of the separation of the external shock by the external wound, but it has served as the co-ownership of the cause of death or the existence of the cause of death (Evidence No. 1015 pages of evidence).

④ Ultimately, it is difficult to presume that the Defendant had sufficiently known the possibility of death to the victim due to his/her assault.

5) Other objective circumstances before and after the crime

① The Defendant consistently denied that the investigative agency had no intention to kill the victim from the time to the court of the trial.

② The Defendant did not neglect the victim due to the intention of murder, but seems to have been aware that the victim could enjoy her part of the her part of the her part of the her part.

The Defendant, at the scene of the crime, was living together with the mother at the house of the Defendant, and the mother of the Defendant was expected to return home at around 18:00 on the day of the instant case. Despite the mother’s returning time, the Defendant did not engage in any particular conduct to conceal the crime, but instead, placed the victim on the bed, put the victim on the bed, put the clothes of the victim into the bed, and arranged the agenda.

On the day of the instant case, the Defendant’s birth N heard and sees that the Defendant was divided into the victim, and visited the Defendant’s house at around 16:23 around 16:23. However, the Defendant stated that the Defendant did not have any special reaction, and that the Defendant thought that he would drink the victim. In light of this, it is difficult to view that the Defendant neglected the Defendant’s intent to kill the victim.

The Defendant: (a) examined the condition of a victim who was living in the same household and in the room; and (b) immediately reported 119 at around 16:55, immediately after discovery of physical condition. A victim died at around 18:00.

③ There is an incidental circumstance in which it is difficult to see that the Defendant was guilty of murder. The Defendant did not leave the victim’s human body as a dial place, but met with her mother’s living together with her mother. The Defendant continued to stay in the house without escaping from the scene after the Defendant boomed the victim, while staying in the house and cleaning her clothes. The Defendant discovered the victim’s body or body, reported 119.

3. Conclusion

Therefore, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, without examining the judgment on the allegation of unfair sentencing by the defendant and the prosecutor. Furthermore, it is recognized that the crime of murder charged and the crime of minor bodily injury included therein are identical to the facts charged, and even if the defendant is punished as the crime of bodily injury included in the facts charged of the crime of murder with sufficient deliberation as to the circumstances leading the death by the victim, it cannot be said that there may be substantial disadvantages to the defendant's exercise of his right to defense. Thus, without changing the indictment, it is again decided as follows.

[Grounds for multi-use Judgment]

Criminal facts and summary of evidence

The summary of the facts constituting an offense and the evidence recognized by this court shall be as stated in the corresponding column of the judgment of the court below, except for the changes as provided in paragraph (1) below. It shall be cited as it is in accordance with Article 369 of the Criminal Procedure Act.

Part concerning the modification.

1. Injury 2)

The defendant and the victim B (the 52 years old) are married couple on May 6, 1989.

The Defendant, from around 11:51 on May 15, 2019, 11:51 to 2nd floor of H’s housing, she drinks with the victim in a kitchen table with the victim, and whether the victim still meets E, which is the victim’s internal combustion, rather than in the Defendant’s physical drinking, “I am surbling inside thmthm, surbling surling surling surling surling surling surling surling surling surling surling surling surling the victim’s chests by hand after blocking the victim from leaving surbbucking surling surling surling surling surling surling surling surling surling surling surbling surling surling surling surling surling surling surling surling s.

The defendant continued to gather other golf loans (No. 4 m. total length of 104cm) and knife the body of the victim as a part of the victim's knife or enormous part, and opened the victim's knife, and walked the victim's knife, face, knife and knife, etc. with the victim's head knife and drinking.

이후 피고인은 안방으로 기어들어가는 피해자의 엉덩이를 위 4번 아이언의 손잡이 또는 막대기 부분으로 2~3회 가량 때린 후 피해자를 침대에 방치해 둔 채 주방에 흘린 피나 오물을 닦고 부러진 골프채를 치우는 등의 행위를 하다가, 같은 날 16:55경 피해자가 건드려도 반응이 없고 호흡이 멎은 것 같은 증상을 보이는 것을 발견하자 비로소 119신고를 하였다.

The victim sent back to an emergency room of J Hospital in I by the 119 first responder, but was killed in 18:00 of the same day by the 18:00 square meters of the same day.

Accordingly, the defendant injured the victim and caused the death of the victim.

Application of Statutes

1. Article applicable to criminal facts;

Article 259(1) of the Criminal Act (the point of injury or death), Article 16(1)1 of the Protection of Communications Secrets Act, and the main sentence of Article 3(1) (the point of recording conversations between others that are not open to the public)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2 and 3, and Article 50 (Concurrent Imposition of Imprisonment with prison labor and suspension of qualifications prescribed by the Protection of Communications Secrets Act) of the Criminal Act;

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. Scope of punishment by law: Three years to forty years, and suspension of qualifications from one year to ten years;

2. Scope of recommended sentences according to the sentencing criteria;

(a) A crime under subparagraph 1;

[Determination of Punishment] In the event of death of ordinary bodily injury [Type 3] as a result of a violent crime

[Special Convicts] Reductions: Non-Punishments

Aggravations: Cruel Crime Acceptance Act

[Recommendation and Scope of Recommendation] Basic Field, 3 years to 5 years

(b) Second crime (unestablished crime);

(c) Scope of recommendations based on standards for handling multiple crimes: Imprisonment with prison labor for not less than three years (a concurrent crime with an offense for which no sentencing guidelines are set);

(d) Scope of recommended sentences that are modified by applicable sentences: Three to forty years of imprisonment (in cases where the upper limit of the range of sentence recommended by the sentencing guidelines is inconsistent with the statutory applicable sentences, it shall be in accordance with the statutory applicable sentences).

3. Determination of sentence;

Domestic violence cannot be permitted by our society, regardless of what reason or motive it is. The Defendant’s crime of injury in this case committed by the Defendant is committed by selling the body of the victim by drinking, sing out, golf loans, etc. while pursuing the Defendant’s influorial fact that the spouse is not the spouse, and thereby resulting in the death. Although it is difficult to recognize the Defendant’s criminal intent to commit murder, the Defendant’s crime of bodily injury in this case cannot be rationalizing for any reason for a minor and decent victim’s life. Furthermore, the victim appears to have suffered heavy physical or mental pain beyond the ordinary degree, which is disadvantageous to the Defendant. This is the circumstances unfavorable to the Defendant.

There is no record of criminal punishment exceeding the same kind of power or fine for the Defendant. Although the Defendant used the victim’s external appearance over several occasions, there is a aspect that the Defendant committed the instant bodily injury by hearing conversations between the victim and his/her son, such as having sexually resisted the Defendant and having written money from the Defendant, and thus, some of the circumstances may be taken into account in the background and motive of the crime. The Defendant made efforts to provide relief to the victim, such as filing a report 119, immediately after the discovery of physical injury to the victim.

The children of the victim wanted the Defendant’s wife, and even the victim’s friendship does not want the Defendant’s punishment. The crime of the violation of the Protection of Communications Secrets Act, in which the Defendant recorded a conversation between the victim and E, is also an aspect to confirm the relationship between the victim’s inhumanity. This is a favorable condition for the Defendant.

In addition, the defendant's age, character and conduct, family relationship, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, etc., and various sentencing conditions shown in the records and arguments shall be determined as the order.

Part of innocence (the point of homicide)

The summary of this part of the facts charged is as stated in Section 2. A. (c). This constitutes a case where there is no proof of a crime for the same reason as stated in Section 2.(c) and thus, a not-guilty verdict should be rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act. However, as long as it is found to be guilty of a crime resulting in bodily injury that

Judges Song-young

Judges Kang Jong-chul

2) To the extent that the facts charged of murder did not disadvantage the defendant’s exercise of his/her right to defense, a partial correction or correction was made according to the facts obtained through the examination of evidence, and used it as a crime of death resulting