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(영문) 서울고등법원 2013.05.23 2012노4151
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In the course of dispute between the Defendant and the victim who was suffering from misunderstanding of facts or misunderstanding of legal principles, the Defendant first knife knife the Defendant’s right knife knife knife knife the Defendant’s right knife knife the Defendant’s right knife knife in the process of knifeing the first knife knife between the left hand knife and the knife, and the Defendant thought that the victim had other knife knife in the process of knife knife knife knife knife knife knife knife knife in order to defend the Defendant, the knife knife knife knife by the victim.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. Determination:

A. 1 Determination as to the assertion of mistake of facts or misapprehension of legal principles can be acknowledged based on the evidence duly admitted and investigated in the original court and the trial court. A) The defendant's statement in the first time of the interrogation of the police officer, stating that "When the defendant examines the first police officer, "the defendant has knife the victim who is a wife, knife a knife", "the person (victim) first threatens him to knife him with the knife with the knife, so that he can knife the knife at the wind that knife him knife the knife with the knife, and reached the knife with the knife."

(증거기록 15쪽). (2) 피고인은 제2회 경찰 피의자신문시 피해자를 칼로 찌른 이유에 관한 경찰의 질문에 대하여 "칼을 빼앗아가지고 눈이 캄캄한 상태에서 또 하나의 칼이...

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