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(영문) 광주고등법원 2016.12.22 2016노360
강도살인등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendants A (a) Defendant A (a) was in a state of mental disability due to drinking, etc. at the time of the instant crime; (b) Defendant B (a) was in a state of mental disability due to drinking, etc. (a state of mental disorder); (c) was too uncomponed so that the lower court’s punishment (a life imprisonment, confiscation); and (d) Defendant B (a) was not in a knife with the victim AC at the time of the instant crime; (b) the lower court’s punishment, imprisonment with labor

(F) 2.2

Each sentence of the court below by the public prosecutor is too unhued and unreasonable.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the lower court’s judgment on the Defendant B’s assertion of mistake of facts and the evidence duly admitted and investigated by the court of the first instance, the Defendant may recognize the fact that the Defendant Da knifeed the Victim AC.

This part of the defendant's assertion is without merit.

① In a telephone conversation with an investigative agency, the victim AC made a statement to the effect that “A gets off the victim L with the victim, and her knife was closed by the chinese. At that time, her knife knife knife knife knife knife knife knife.”

(Evidence Records 346-348 pages). The victim AC has made a concrete statement about the situation at the time, and the victim cannot find any special circumstance to make a false statement.

② From the investigative agency to the court of the trial, A consistently stated to the effect that “I am with the victim, and the Defendant reaches the victim AC.”

③ On the date of emergency arrest, the Defendant, at the time of investigation, called “A” but refused to make a statement with “A”, opened the same franchisium in other rooms without any mind to find money, and entered A to the room where A was located. The Defendant was fluent, and the victim AC was able to enjoy on the floor.

Therefore, the victim takes the knife of the defendant.

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