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(영문) 광주고등법원 2014.06.26 2013노546
살인등
Text

The judgment below

The part of the defendant's case against the defendant A and the part against the defendant B and C shall be reversed, respectively.

Defendant .

Reasons

Summary of Grounds for Appeal

Defendant

In addition, even though there was a fact that Defendant A made a false missing report to the victim with Defendant B, C, and the victim and received insurance money, Defendant A had no false fact with the other Defendants to murder the victim, and the lower court did not have any fact to have actually killed the victim or abandoned the victim’s body.

Defendant A, in the course of hearing the horses that other Defendants are faced with scams, and finding the treatment items, of violation of the Act on the Control of Narcotics, etc. (flaps) due to the use of scams, was aware of the scams, thereby aiding the purchase of the scams by the scams, and even though other Defendants were unaware of the fact that other Defendants used scams to the victim

The sentence of unfair sentencing (30 years of imprisonment) by the lower court is too unreasonable.

Defendant

B misunderstanding of facts and abandonment of the body of the Defendant B, who is responsible for the disappearance of the victim and the receipt of the insurance proceeds, was the victim’s intent to make a false report as if the victim was missing under the Defendant A’s proposal, and the lower court did not have any false fact with the other Defendants to murder the victim and abandon the body.

The court below erred in the misapprehension of the Act on the Control of Narcotics, etc. (e.g., the violation of the Act on the Control of Narcotics, etc.) due to the purchase and sale of stroke-m, even though Defendant B deposited the money to be repaid to Defendant A in the account designated by Defendant A at the request of Defendant A, and did not know the fact that Defendant B

The sentence of unfair sentencing (20 years of imprisonment) by the lower court is too unreasonable.

Defendant

C misunderstanding of facts (homicides and deads) Defendant C deals with the victims with false disappearances and receives insurance proceeds and divide them.

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