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(영문) 서울고등법원 2017.04.13 2016노3665

살인등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for twenty seven years.

Reasons

The defendant alleged the first mental and physical weakness on the ground of appeal, but the second trial date of the first trial was rejected.

In fact, the time of death of the victim of this case by mistake should be seen as the time when the defendant faces the head of the victim.

The court below recognized that the defendant's head, etc. was transferred to toilets by moving the victim's head, etc., and subsequently, the victim's clothes and breast part of the victim's clothes and breast part of the victim's head, etc. were killed. The court below erred in the misapprehension of important facts which form the basis for the sentencing of this case and affected the conclusion of the judgment.

The punishment sentenced by the court below to the defendant is too unreasonable.

The defendant, who is guilty of the prosecutor's fact, saw the victim's clothes, ples, etc. into a knife, saw the victim's hair, face, chest, etc., and murdered the victim by breaking the victim's hair, face, chest, etc.

The court below, first of all, killed the victim's clothes and the breast part of the victim in a knife on several occasions by moving the victim's head, etc. from the victim to the toilet and then killed the victim's clothes and the breast part in a knife.

It is recognized that it commits an illegal act that affects the judgment by misunderstanding the fact.

The sentence sentenced by the court below against the defendant is too unfortunate.

Judgment

With regard to the prosecutor's assertion of the facts, the defendant took the 11th prosecutor's knife knife with the victim's desire at the time of the interrogation of the suspect, and took the victim's back to be faced by the back of the back of the victim's back, and became fnife ten times more than the back of the back of the victim's back to the back of the back of the back of the back of the victim. Finally, as the fnife and the chest were defnife one time and the victim was unable to move while the fnife is flife, the victim's back to the back of the cold and the flife will be considered as the flife and the flife.