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(영문) 서울고등법원 2014.10.02 2014노1700
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Although Defendant (1) did not have the intention to commit the crime of murder at the time of the instant crime, the lower court determined that the Defendant had the intention to commit the murder and found the Defendant guilty of the crime of murder. In so determining, the lower court erred by misapprehending the fact and adversely affecting the conclusion

(2) The sentence imposed by the lower court on the Defendant (14 years of imprisonment) is too unreasonable.

B. According to the evidence submitted by the prosecutor (1) misunderstanding of facts, the court below did not recognize this part as criminal facts even though the defendant was found to have boomed the victim's head as a boomed crime. Such judgment of the court below is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

(2) The sentence imposed by the lower court on the Defendant is too uneasible and unreasonable.

2. Determination

A. The lower court rejected the Defendant’s assertion of misunderstanding of the facts against the Defendant, based on the following: (a) the Defendant asserted the same purport in the lower court; (b) the Defendant continued to have committed the instant crime; (c) the Defendant did not take any measures after the Defendant died; (d) the Defendant’s assault (the Defendant s/he s/he s/he s/he s/ s/he s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ s/ of the victim’s face of the victim).

(2) The evidence duly examined and adopted by the lower court and the lower court.

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