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The judgment below
The part of the accused case shall be reversed.
A defendant shall be punished by imprisonment for seven years.
Reasons
Notwithstanding the provisions of Article 9(8) of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders as there is no interest in appeal as to the part of the attachment order case, the court below sentenced the defendant to a judgment dismissing the prosecutor's request regarding the case of the defendant case and the case of the request for attachment order, and thus, excluded this part from the scope of trial of this court (see, e.g., Supreme Court Decision 82Do2823, Jan. 18, 1983; Supreme Court Decision 82Do611, Jan. 18, 1983). The main points of the grounds for appeal are erroneous and misapprehension of legal principles are merely assaulted by the victim, and there was no intention to kill the victim. Therefore, there was no willful negligence in murder.
Nevertheless, the lower court erred by misapprehending the legal doctrine and misunderstanding the fact that the lower court recognized the Defendant as the willful negligence of murder.
The sentencing (10 years of imprisonment) of the lower court on the grounds of unfair sentencing is too unreasonable.
Judgment
The defendant argued that mistake of facts and misapprehension of legal principles were identical to the grounds for appeal of this case in the court below.
In light of the following circumstances, the court below duly adopted and examined the evidence, i.e., ① the Defendant 20 to 30 minutes of the victim’s legs after leaving the bridge of the victim’s body while fighting with the victim’s body, and pressured the victim’s neck, which is directly connected to the life of the human body by blusing the face of the victim’s body, blusium, blusium, etc. ② the victim was in a state of blusium and blusium, which constitute the blusium at the time of the death, and the victim was in a state of blusium and blusium. The victim’s blusium would have been pressured once if blusiums were divided into the parts of the blusium.