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(영문) 서울고등법원 2018.04.05 2018노126
살인
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for fifteen years.

The number of seized knife ( excessive knife No. 2) shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1 did not intend to kill the victim, but merely caused the occurrence of an attack against the victim, which would result in an attack against the victim, and the victim’s clothes to protect himself. However, the lower court held that the Defendant had the intent to commit murder.

The facts were cited.

2) The lower court’s sentence (20 years of imprisonment) against an unjust defendant is too unreasonable.

B. The lower court’s sentence against the prosecutor (unlawful in sentencing) is too uncomfortable.

2. Determination

A. The lower court acknowledged the Defendant’s assertion of mistake of facts based on the evidence duly admitted and investigated by the evidence of the lower court. ① Although the Defendant had drinking alcohol from around 13:00 on the day of the instant crime, from around 15:30 to around 15:30, a certain amount of alcohol was broken, and the Defendant’s ability to make a judgment was not under the influence of alcohol to prevent the instant crime, and the Defendant was not under the influence of alcohol. The lower court’s prosecutorial statement of the Defendant on the 250th of the evidence record (in response 2 times) on the 269th of the evidence examination record, and E’s statement of the Defendant on the Eth of the 269th of the evidence record (in response 1) on the 254th of the evidence record, it was difficult for the lower court to view that the Defendant had no knowledge that he would have her her her her her her on the rooftop and had no knowledge that her her on the rooftop was her on the rooftop.

The decision is proper, and there is no error by mistake of facts as alleged by the defendant.

Therefore, the defendant's assertion of facts is without merit.

B. Each of the instant crimes committed by the Defendant and the Prosecutor is subject to the determination of unfair sentencing.

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