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(영문) 서울고등법원 2016.04.06 2015노3441
살인등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

The summary of the grounds for appeal is that the sentence of the lower court’s sentence (22 years of imprisonment and confiscation) is too unreasonable (the written opinion of March 2, 2016, which was submitted by the defense counsel at the date of the second pleading of the first instance trial after the lapse of the period for submitting the grounds for appeal, will be examined within the scope of supplement to the extent of supplementing the grounds for appeal, and the submission of the written opinion of March 2, 2016, which states not guilty on the grounds of misunderstanding the legal principles as to the concealment of the body among the above written opinion, refers to demanding the court to ex officio examine the said part). The sentence of the

In order to kill the victim, the defendant prepared a crime tools, such as tree saving tools, cables, office tapes, etc. in advance, moved clothes from subway stations to the place of crime, and was planned to murder the victim.

In addition, the crime of this case committed by the defendant was committed after being hidden in the victim's house, waiting for the victim, giving and receiving daily messages with the victim before the crime was committed, and then making the victim take the head of the victim into the house without a boundary, and then stroke the victim.

In addition, in order to conceal the occurrence of the crime, the Defendant: (a) took the scam of the place of the crime and taken the dead victim into the bath room; and (b) took the brush of the victim, such as cutting down the hand saw of the victim.

As such, the Defendant is planned to kill the victim, and the result of the crime is significant and the method or quality of the crime is very bad.

The defendant concealed the body by putting the body of the victim's hand over with cables prepared without breathing the body in a sexual harassment (as such, after the death of the victim, the act of putting the victim into a sexual harassment by washing away the blood trace, etc. in the place of the crime and the body of the victim and the body of the victim's body after the death of the victim is extremely difficult to detect the body, and thus, the crime of concealment of the body is established.

3.2

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