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(영문) 대전고등법원 2014.12.10 2014노189
살인
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

가. 피고인 ⑴ 사실오인 ㈎ 다음과 같은 점에 비추어 보면, 피해자는 피고인과의 교제를 반대하는 자신의 자식들과 피고인 가운데 하나를 양자택일할 수밖에 없는 막다른 선택의 기로에서 그들 모두를 위한다는 생각에서 자살을 한 것이다.

Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous in misconception of facts.

(1) The victim’s 100 mmmh of Mag-man’s 100mm is not a quantity that can drink voluntarily by eating “tom” and bring about to the victim without knowledge of the victim.

② The statement that the victim spits in an emergency room after drinking is also the statement that the victim spits in the emergency room for the first time.

③ After the occurrence of the instant accident, the victim only stated that the police officer 119 Bara was “baling,” and the police officer in charge made a statement to the effect that the Defendant was “not being detained,” and specifically identified the Defendant, and there was no statement to the effect that the Defendant was dynasing in an agrochemical.”

④ The instant facts charged did not prove any means or method of committing murder at all.

⑤ At the time of the instant accident, the Defendant did not intend to adjust the relationship with the victim.

㈏ 원심이 피고인 및 변호인의 주장을 배척하며 판시한 사정들은 다음의 점에 비추어 받아들일 수 없다.

(1) A defendant has no motive to kill the victim.

Since the defendant did not report the marriage with the victim, even if he/she murdered the victim, he/she shall not be inherited.

(2) The Defendant did not have agrochemicals carried in a plastic warehouse located in T's house.

It is considered that the victim of the deaf side has been holding an agrochemical in his mother T's house, rather than the defendant, who is the full-time supervisor.

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