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(영문) 부산고등법원 2018.07.19 2018노184
살인등
Text

The judgment below

Among the defendant and the person who requested attachment order, the part of the case of the defendant A and the part concerning defendant D and E shall be respectively.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1 and 1) Defendant and the person who requested to attach an attachment order (hereinafter “Defendant”) did not kill the victim.

The victim was natural dead as a brue, or died from C and F.

Nevertheless, the judgment of the court below that the defendant committed the crime of murder is erroneous and erroneous.

B) Although Defendants B and E were aware of the fact that the body was buried together, they did not participate in the abandonment of the body.

Nevertheless, the lower court erred by misapprehending the legal doctrine on the crime of abandonment of the dead body.

2) The punishment sentenced by the lower court to the Defendants (Defendant A: 30 years of imprisonment, Defendant B, D, and E: each of the three years of imprisonment, Defendant C, and F: each of the two years and six months of imprisonment, and 4 years of suspended execution) is too unreasonable.

B. Prosecutor 1) The sentence sentenced by the lower court to Defendant A and B is too unhued and unreasonable.

2) The lower court’s dismissal of the Defendant’s request for an attachment order against the Defendant, even though the Defendant A, in part of the case involving the attachment order, was highly likely to recommit murder or repeat the crime.

2. Judgment on the assertion of mistake of facts

A. In full view of the lower court’s judgment as to the murder portion of Defendant A and the following circumstances acknowledged by the evidence duly admitted and examined by this court, the fact that the Defendant murdered the victim can be fully recognized.

This part of the defendant's assertion is without merit.

1) As to the details of the victim’s death, F’s investigation agency, the lower court, the first instance court, and the first instance court, and D’s investigation agency and the first instance court are directly admitted as direct evidence to prove this part of the facts charged.

In full view of the following circumstances, the F and D’s above statements can be fully recognized as credibility.

A) The F is the process and method of the Defendant’s filing of the victim from the investigative agency to the lower court and this court, and the victim.

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