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(영문) 서울고등법원 2014.10.24 2014노1773
살인
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

Defendant

A misunderstanding of facts is not planned to kill the victim in collusion with Defendant B, but Defendant B did not go to the site of this case, and it was disputed with the victim, thereby resulting in a contingent crime.

Defendant

A is also supported by the instant crime, such as the fact that there was no direction for pressure on debt at the time, the fact that there was no involvement in the restoration of insurance and the payment of the automobile tax for the overdue car, and the fact that there was no pecuniary benefit from the Defendant B after the accident.

The imprisonment with prison labor imposed by the court below on Defendant A is too unreasonable.

Defendant

B The supplemental appellate brief filed on August 20, 2014, which was not timely filed, is considered only to the extent it supplements the grounds for appeal.

Defendant B was at the scene of the instant case, and there was no conspiracy to kill the victim together with Defendant A, or there was no participation in the commission of the crime, because the victim stated that the victim would be free from the suspicion of internal ties between Defendant B and Defendant A, and was at the scene of the instant case.

The imprisonment with labor imposed by the court below on Defendant B is too unreasonable.

Judgment

For the reasons indicated in its reasoning, the lower court determined on the assertion of mistake of facts, on the grounds of its reasoning, and on the grounds indicated in its reasoning,: ① there was motive for murdering the victim due to traffic accidents in order to receive a large amount of insurance money; ② Defendant A was aware that prior to the instant crime, Defendant B was insured by which the maximum amount of insurance money was paid at the time of the victim’s death on holidays from the victim; ③ Defendant B was not known without hearing from Defendant B; ③ around August 24, 1998, which was three months prior to the occurrence of the instant accident, and registered under the name of Defendant B used by the victim around August 24, 1998.

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