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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The misunderstanding of the facts and legal principles and the person who requested the attachment order (hereinafter “Defendant”) and the Defendant and the person who requested the attachment order (hereinafter “Defendant”) did not gather in advance or engage in robbery with C.
The defendant did not have the intention of murder.
If the crime of murder by robbery is not established, the prescription expires.
B. The sentence of the lower court’s unfair sentencing (a life imprisonment) is too unreasonable.
2. Determination
A. misunderstanding of facts and misapprehension of legal principles 1) The lower court determined that the Defendant was jointly holding the homicide committed by C, and that the Defendant constituted a joint principal offender for robbery as a result of the share of the homicide with the intent to suppress the victim’s resistance.
The detailed reasons for the determination are as follows.
① The Defendant and C planned to commit the crime closely in advance and prepared two blades.
This seems to be due to the intention to suppress the other party by using a knife when the other party resists during robbery.
② 피고인과 C는 피해자 부부가 거주하는 주택에 들어가자마자 언제라도 식칼을 사용할 수 있도록 각자 1 개씩 손에 쥔 채 범행에 나아갔다.
③ While the Defendant and C discovered the couple of the victims who were born in the inner bed of the second floor and continued to commit the crime, the Defendant and C were only passive resistance to the extent that the victimized couple gets sound or enjoyed a short speed, and immediately reached knife with knife the couple.
④ The Defendant knife knife knife knife knife knife, and reached knife knife over several times. As a result, G was faced with 8 higher parts of G, such as a knife knife knife knife knife after the right side. On the day of the instant case, G was discovered to the newspaper delivery center at around 05:30 on the day of the instant case, and then sent back to a hospital, it could have died if knife knife knif
5. C shall have the knife of the victim.