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(영문) 부산고등법원 (창원) 2017.09.27 2017노76
살인
Text

Defendant

In addition, all appeals filed by the person who requested the attachment order and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal and the mistake of the defendant and the person who requested the attachment order (hereinafter referred to as "defendant") are not guilty 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 and adversely affected by the judgment.

The punishment sentenced by the court below to the defendant (25 years of imprisonment, 10 years of electronic device attachment order) is too unreasonable.

The part of the case of the prosecutor's defendant (unfair sentencing) that the court below decided against the defendant is too uneasible and unfair.

The court below's order to attach an electronic tracking device to the defendant for a period of 10 years, but it is too short to attach the device.

In a criminal trial on the determination of the Defendant’s misunderstanding of the facts concerning the Defendant’s case, the conviction should be based on the evidence of probative value, which makes it possible for a judge to have the truth that the facts charged are true to the extent that there is no reasonable doubt, and if there is no evidence to form such a degree of conviction, even if there is suspicion of guilt against the Defendant, the conviction should be based on the benefit of the Defendant.

However, such a conviction must not necessarily be formed by direct evidence, but can be formed by indirect evidence unless it violates the rules of experience and logic. Even if indirect evidence does not have full probative value as to a crime individually, if it is deemed that there is a comprehensive probative value as to the whole evidence, and if it is deemed that there is a comprehensive probative value as to the whole evidence, it can be acknowledged as criminal facts.

The reasonable doubt here does not include all questions and irregularities, but cannot be compatible with the facts required in accordance with logical and empirical rules.

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