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(영문) 부산고등법원 2012.12.12 2012노373
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for fifteen years.

One set of evidence of seized mobile phones No. 6.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In order to satisfy sexual desire while having sexual intercourse with the victim, Defendant 1, such as mistake of facts, etc., was merely imprisoned by the victim’s neck, and the victim did not have any assault or murder against the victim, and the victim was naturally dead, and there was no causal relationship between the Defendant’s act and the death of the victim, and the Defendant attempted to engage in sexual intercourse with the victim after the death of the victim. Although there was no desire to mislead the victim’s dead body, the lower court convicted the Defendant of all of the charges of assault and bodily injury, which are the ancillary charge of the instant case, and there was an error of law by misunderstanding of facts and misunderstanding of legal principles.

3) Comprehensively taking account of the evidence submitted by the prosecutor, such as misconception of facts, etc., the sentencing of the lower court is too unreasonable. (B) Even though the Defendant could have fully recognized the fact of murdering at least the victim with dolusible intentional murder, the lower court found the Defendant not guilty of the charge of murder, which is the primary charge of the instant case, on the ground that there was no final and conclusive or incomplete intention to murder, and found the Defendant guilty of the death of assault, which is the ancillary charge of the instant case. In so doing, the lower court erred by misapprehending the legal doctrine on the grounds, inconsistent reasoning

2. The sentencing of the lower court is too unjustifiable and unreasonable.

2. Determination

A. 1) The summary of the facts charged around December 7, 1995, the Defendant, who got married with E, the former wife, and gave birth to his wife on February 10, 200, continued to engage in marital life, and was hospitalized at a hospital for about three years due to safety accidents at the workplace around 2000, and the marital relationship becomes worse.

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