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(영문) 서울고등법원 (춘천) 2013.12.04 2013노185
강도살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant had no intention to commit robbery at the time of murdering the victim, the court below found the defendant guilty of the facts charged in this case by misunderstanding the facts.

B. The sentence imposed by the lower court (15 years of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court alleged that the Defendant had no criminal intent to commit robbery at the time of murdering the victim, and the lower court found the Defendant guilty of the instant charges by deeming that the Defendant had a criminal intent to commit robbery at the time of committing the instant crime on the following grounds. The following circumstances, which can be acknowledged by the evidence adopted and examined by the lower court, i.e., ① the Defendant lost both KRW 500,000 from the Gangwon Islands casino and applied for a restriction on access by himself, and received KRW 60,000 from the Gangwonland (In the Gangseoland, it seems that the Defendant paid KRW 60,000 to the applicant for the restriction on access by himself/herself).

At the time when the defendant continued to saw saw saw saw saw saws from the victim's house, and borrowed 50,000 won from the victim's house, etc., the defendant returned to Seoul, which is the defendant's house. ② The defendant paid 50,000 won to the victim's house at low on the day of committing the crime, and he paid her a bath saw to the victim, and paid 50,000 won to the end, and then he paid her the bath saw to the victim. As such, the defendant reported to the problem of money with the victim. ③ After that, the defendant returned to Seoul, or back to the house of the victim's house in the Gangwon-gun-gun, the defendant returned to the house of the victim, and ④ the defendant returned to the house of the victim, and the defendant called the victim's house at the victim's house and the money to be accommodated at 0,000 won to the saw saw or saw saw.

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