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(영문) 서울고등법원 2018.08.16 2018노757
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for twelve years.

Seized blades (total length: 23cm, blade: 13cm).

Reasons

[Judgment of the court below]

1. Summary of grounds for appeal;

A. Defendant 1) The misunderstanding of facts and the misunderstanding of the legal principles that the Defendant murdered the victim in a knife, as stated in the facts charged

There is no evidence to prove that there is no evidence.

The Defendant is not a knife with a victim. It is reasonable and reasonable to regard that the knife the knife on the knife, which the victim took place for the Defendant under the influence of alcohol, lost balance due to the knifeing of the left side of the bridge, etc., and knife on the knife being used by the victim for the defense, even if not, the accident occurred in another way.

Therefore, the defendant murdered the victim in knife.

The judgment of the court below is erroneous in the misunderstanding of facts and legal principles, and furthermore, in light of the above circumstances, the defendant's murder is not recognized.

2) Even if the defendant's defense of a political party recognizes that he/she knife a victim as stated in the facts charged, he/she will kill the victim.

Driving away is an act done in the state of extreme fear that the victim's behavior can be duplicated by himself/herself or his/her father, and is a political party's defense.

3) At the time of the instant case, the Defendant had been under the influence of alcohol and had weak ability to discern things or make decisions.

4) The sentence sentenced by the lower court to the Defendant (10 years of imprisonment, confiscation) is too unreasonable.

B. The prosecutor (unfair sentencing)’s sentence imposed by the lower court against the Defendant is too unfasible.

2. Judgment on the grounds for appeal

A. 1) In the form of a citizen participation trial introduced to enhance the democratic legitimacy and trust of the judiciary on the grounds of the remaining appeal except for the defendant and the prosecutor’s unfair argument of sentencing, citizens cultivated through strict selection procedures in the criminal trial proceedings conducted.

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