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(영문) 대구고등법원 2016.09.29 2016노271
살인등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1’s misunderstanding of the facts (the murdering of Defendant 1) committed a fluorous drinking while defending the victim’s attack that was caused by brue brue, and the victim died at the victim’s seat, i.e., the victim’s fluor.

The Defendant did not intend to kill the victim at all, and was not anticipated that the victim would die.

Therefore, the judgment of the court below which convicted the defendant of this part of the facts charged that the defendant murdered the victim's timber by selling is erroneous in the misapprehension of facts.

2) The Defendant, who was mentally and physically weak, was under the influence of alcohol at the time of committing the instant murder.

3) The sentence of the lower court’s improper sentencing (a prison term of 22) is too unreasonable.

B. Defendant B’s punishment (two years of imprisonment) is too unreasonable.

(c)

Each sentence sentenced by the court below to the defendants is too uneasible and unfair.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts against Defendant A, the Defendant is arguinging the intention of murder for the first time. However, in full view of the following circumstances, which can be recognized by the evidence duly adopted and investigated by the lower court and the first instance court, it can be sufficiently recognized that the Defendant killed the victim’s homicide with the intention of murder.

Therefore, the defendant's argument cannot be accepted.

① On January 4, 2016, the Defendant prepared a self-written statement of murdering the victim on one’s own. From that time until the second investigation by the Prosecutor’s Office was conducted, the Defendant: (a) “The victim was kneeeked with ekne with ekne with ekne; (b) while avoiding this, the victim was knee with knee with knee with kne.

In this situation, the injured person laid down the bricks around and died of the injured person's beer's beer's beer's beer's beer's beer's beer's beer's beer.

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