beta
Text
The judgment of the court below is reversed.
The defendant is innocent. The summary of this judgment shall be notified publicly.
Reasons
1. The summary of the facts charged in the instant case [criminal record] The Defendant was sentenced to a suspended sentence of four years on September 17, 2002 by the Busan District Court for a violation of the Act on the Protection of Juveniles from Sexual Abuse, etc., and on January 20, 2004, the Defendant was sentenced to seven years of imprisonment for a violation of the Act on the Punishment of Sexual Crimes and Protection of Victims from Sexual Crimes (special robbery, rape, etc.) at the Busan High Court on January 20, 2004, and the said judgment became final and conclusive on February 2, 2004, and the said suspended sentence becomes void and the execution of the final sentence was completed on March 9,
【Criminal Facts】
The Defendant, in the absence of certain income at the time and the debt amounting to KRW 80,00,000,000 for every month, has to pay KRW 1,000,000 to the interest of every month, but without any particular reason, she has received gambling money and living expenses, and she has received money and valuables against women.
On May 21, 2002, from around 23:20 to around 20:0 on May 21, 2002, the Defendant discovered the victim B (the 22 years of age), and prevented the victim from resisting by means of intimidation with deadly weapons, etc., and then deducted the victim from C Bank ordinary deposits, C Bank installment savings passbooks, identification cards, seals, etc., which are owned by the victim. On May 22, 2002, the Defendant discovered the password of the above C Bank ordinary deposit passbook, and then released KRW 29.6 million using the ordinary deposit passbook of the victim who was demoted at D Bank S Bank Mo-gu, Busan at around 12:18, 2002. At around that time, the Defendant murdered the victim with a knife with a deadly weapon (for presumption as a knife) towing at the location below Busan.
2. The lower court also argued to the effect that the Defendant alleged mistake among the grounds for appeal, but the lower court, which was a participatory trial, was guilty verdict by the jury: