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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Error of facts or misapprehension of legal principles did not intend to kill the victim, and there is no causal relationship between the defendant's act and the death of the victim.
In addition, since it cannot be deemed that the defendant's causes are attributable to the victim suffering from heavy drinking water, even based on the recognized criminal facts itself, the defendant cannot be viewed as committing murder.
B. The lower court’s sentencing (eight years of imprisonment) is too unreasonable.
2. Judgment on the grounds of mistake of facts or misapprehension of legal principles
A. The summary of the facts charged is that the Defendant is a person working for the labor day, and the victim C (C and 36 years of age) is a foreigner of Chinese nationality. The Defendant was a foreigner of the victim’s wage of KRW 600,000,000, not paid by the victim, and the victim borrowed KRW 600,000 to the victim under the name of the vehicle repair cost, but the Defendant
On December 25, 2013, the Defendant: (a) told the victim of the phone to 19:00, and told the victim “the victim to depart from China”; (b) the Defendant took a bath to murder the victim; (c) the Defendant took the kitchen (32cc in total length, 20cc in length) and the excessive knife (23cc in total length, 12cc in knife length) in the location of the Defendant’s house located in Do, and laid the kitchen at the bottom of the Eknif vehicle operated by the Defendant, and tried to find the victim on the side of the Eknif vehicle’s driver’s seat operated by the Defendant.
At around 20:10 on the same day, the Defendant discovered the victim and concealed the kitchen knick on the right side of the Defendant’s lock, which was located on the side of the driver’s seat of the Defendant’s vehicle, from the vehicle, and concealed the kitchen knick on the right side of the Defendant’s lock, while the victim was blick with the victim, the Defendant blicked the victim with his mind to kill the victim and concealed it on the right side.