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The judgment below
The part against the defendant shall be reversed.
A defendant shall be punished by imprisonment for life.
seizure.
Reasons
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty of the charge of murdering the Defendant, although the Defendant did not have killed the victim.
However, this part cannot be said to have been proven to the extent that there is no reasonable doubt solely with various indirect evidence or circumstances based on the conviction by the court below.
The Defendant is dissatisfied with the charge of murder among the facts charged in the instant case.
B. In light of the fact that the legal interest in the crime of concealment of a corpse is to protect the bereaved family’s religious sentiment as a social custom against the deceased person, and that in the crime of concealment of a corpse, “cambing” means that it is impossible or extremely difficult to detect the corpse, and thus, infringing on the family’s religious sentiment against F of the bereaved family members because it is impossible or extremely difficult to detect the F body by burying the F body as the Defendant’s body, it is erroneous in the misapprehension of legal principles that the lower court acquitted the Defendant of the crime of concealment of a corpse, despite the establishment of the crime of concealment of a corpse. 2) In so doing, the lower court erred by misapprehending the legal doctrine that affected the conclusion of the judgment.
2. Judgment on the grounds for appeal by the defendant
A. Of the facts charged in the instant case, the Defendant subscribed to a large amount of life insurance, and, even if a social relationship is severed, murdered by a female elderly person who does not find any other person, and received the insurance money under a disguised manner as if the Defendant died, with the intent of resolving economic difficulties by receiving the insurance money. The Defendant subscribed to a large number of life insurance for the Defendant as the insured. On the other hand, the Victim F (L, 26 years old), who was admitted to “AG (hereinafter “AG”) which is a rest place for female elderly persons located in Daegu, was living in Daegu, with the victim F (L, 1.3 million won per month and 26 years old), who was living in the near university.