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(영문) 서울고등법원 2015.04.10 2015노519
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant, at the time of the instant crime, is in a state of mental disability due to drinking, and thus, should be mitigated from the sentence against the Defendant. 2) The imprisonment of the lower court sentenced by an unreasonable sentencing sentence is too unreasonable.

B. In light of the prosecutor’s records, frequency, time, etc., it is reasonable to view that the Defendant, at the time of the instant crime, had dolusent awareness that the victim may die due to his/her own assault.

Nevertheless, the lower court, by misunderstanding the facts, found the Defendant guilty of not guilty of murder but of committing death.

2. Determination

A. According to the defendant's statement at the prosecutor's office and the written evidence of autopsy written by M, the defendant's statement at the prosecutor's office and the written statement of autopsy written by M are as follows: (a) the defendant 5-6 times gyeast of the victim's face; (b) f-7 times gyeast of the victim's side gyeast; and (c) taken once gyke part of the victim's side gyke; (d) the victim suffered serious damage to all parts of the body due to the defendant's above assault, such as brain fyke, fyke, syke, and fyke of the bones; and (e) the victim died of multiple parts of the body.

In light of the parts, frequency, degree, etc. of such violence, it is true that there is a doubt that the victim might have been killed by seriously assaulting the victim while recognizing that the victim might have died.

그러나 원심이 원심판결 이유 중 무죄 부분에서 상세히 밝힌 바와 같은 사정, 즉 ① 피고인이 이 사건 범행 전날 피해자와 다퉜다고는 하지만, 피고인과 피해자는 3~4년 전부터 알고 지내던 사이로 평소 피해자는 피고인을 “A아”라고 부르고, 피고인은 피해자를...

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