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(영문) 광주고등법원 2020.06.11 2020노90
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, who was under the influence of alcohol, was aware of the death of the victim and knew of the death of the victim, and there was no fact of killing the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

B. The Defendant was in a state of mental disability due to mental illness and drinking, such as a burgical disorder at the time of the instant crime.

C. The lower court’s sentencing is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the lower court alleged that the Defendant did not murder the victim. The lower court, as indicated in its reasoning, alleged in its reasoning, alleged that: (a) the victim and F drink drink together at the Defendant’s home at the time of the instant crime; and (b) the Defendant and F murdered the victim; (c) according to CCTV taken by F, F, from 15:10 to 15:40 to 15:30 minutes of the Defendant’s home, the Defendant appears to have returned to the Defendant’s house after the victim’s cell phone call was turned out; (d) the victim’s cell phone call was confirmed to have been called at H: 15:20 to 131; and (e) if the F kills the victim, it is difficult to view the Defendant to murder the victim within 20 minutes; and (e) if the F kills the victim at the time of the instant crime, it was difficult to deem the Defendant’s first act to have been conducted at all of the instant places, including the victim’s body movement.

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