Main Issues
The nature of the crime of continuing murder in the case where the victim was born while the victim was satising a non-discriminatory satisfed as he stated that he was the defendant who was aware of the food as he was unable to do so on the ground of the failure to do so, or he was the victim who attempted to commit the food as he did.
Summary of Judgment
It is reasonable to view that it is difficult to recognize that the defendant murdered with a knife with the intention of killing his knife on the knife on the knife, on the ground that he did not cause any knife the knife to the knife while knifeing the knife while knifeing the knife with the knife with the knife with the knife with the knife with the other victims.
[Reference Provisions]
Article 250 (2) of the Criminal Act
Defendant-Appellant
Ethicality
Defense Counsel
(National Election) Attorney Min Il-young
original decision
Gwangju High Court Decision 76No361 delivered on October 27, 1976
Text
The original judgment is reversed, and the case is remanded to the Gwangju High Court.
Reasons
The grounds of appeal by the defendant and his defense counsel are examined.
According to the reasoning of the judgment of the court of first instance which maintained the whole evidence of the defendant by fully recognizing the facts charged by the court of first instance, the defendant can do so as to 2:5. 26. 23:00 on his own house and after drinking the victim 1 to the victim 2, the victim 2 should put the defendant into her fright after drinking, after hearing that the defendant's frighten should be put into her frighten, and if the defendant 3 is frightened with a frighten frighten frighten frighten frighten frighten frighten frighten feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen feen f.
However, by comparing the evidence of the first instance court with the victims' records, it is difficult to see that the defendant tried to use the victim's fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluorial fluort fluor, and that the defendant's fluorial fluorial fluort fluord fluord flus
Therefore, the original judgment is reversed and remanded in accordance with Articles 391 and 397 of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Il-young (Presiding Justice)