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(영문) 서울고등법원 2014.09.26 2014노432

강도살인

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for twenty years.

excessive one sheet (No. 12) seized shall be confiscated.

Reasons

1. The summary of the grounds of appeal reveals that one point of tobacco where the defendant was found at the scene of the crime and one tobacco where the victim's other amount is asked at the scene of the crime, the situation where the defendant was held at the time of separate detention is presumed to be a tool of crime in the vicinity of the crime scene, the fact that the defendant was discovered together with a tobacco cigarette of the same kind as the tobacco discovered at the scene of the crime, and E, F, a witness of a man who appears to be a criminal at the scene of the crime immediately after the crime, is identified as the defendant, and the defendant was the victim's mother discovered at the scene of the crime, the fact that the defendant's testimony at the time of the crime was not consistent, the defendant's statements about the criminal's behavior are not consistent, and that there was a power to forcibly take advantage of or rape money and valuables against the mixed women, etc. at the scene of the crime like this case, the court below rejected the judgment of the court below which found the defendant not guilty of credibility and credibility of witness's testimony in the crime of this case without a high probability.

2. The summary of the facts charged is that the Defendant was sentenced by the Seoul High Court on September 19, 197 to ten years for robbery, rape and special robbery, and on April 14, 2007, the execution of the sentence is terminated by the Ganpo Prison on April 14, 2007. On November 19, 2008, the Defendant was sentenced to one year by imprisonment with prison labor for night structure intrusion, larceny, etc. at the Jeonju District Court on November 19, 2008. On October 1, 2009, the Defendant was sentenced to five years.