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(영문) 광주고등법원 2014.05.22 2013노574
살인등
Text

The judgment below

Of the accused, the accused and the respondent for the attachment order and the prosecutor shall appeal.

Reasons

Summary of Grounds for Appeal

Defendant

In addition, the lower court erred by misapprehending the fact that the Defendant did not have any intention to kill the victim, and even though the victim was knife while in transit with the victim, the Defendant did not murder the victim in knife.

The sentence of unfair sentencing (15 years of imprisonment) by the lower court is too unreasonable.

The sentence of the court below in the part of the defendant's case of the prosecutor is too unhued and unreasonable.

It is improper for the court below to dismiss the defendant's request for attachment order even if the defendant's request for attachment order is dangerous to repeat

Judgment

In full view of the following circumstances recognized by the evidence adopted by the adopted investigation, the lower court rejected the Defendant’s assertion that the Defendant had no intention to kill the victim, deeming that the Defendant could sufficiently recognize the fact that knife had killed the victim.

K stated that “The defendant her knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife one knife and the other knife knife knife knife knife knife knife knife knife knife.

The defendant and defense counsel asserted that the defendant and defense counsel did not have credibility because they were difficult to identify only those at the distance of one to two meters from the scene of the crime at the time of the instant case.

However, even if it is based on the photograph (Evidence No. 1-2) submitted by the defense counsel, it is possible to identify the movement of people at the scene of crime.

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