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(영문) 부산고등법원 (창원) 2013.05.10 2012노330
살인
Text

Of the judgment of the first instance, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for ten years.

knife knife.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts does not have any fact of killing the victim F with knife, and Defendant A, while fighting with the victim, placed the victim on the floor while fighting with the victim, putting the victim on the floor, spacked the victim, thereby killing Defendant A himself by spacking the victim. Nevertheless, there is an error of misunderstanding of facts in the judgment of the court of first instance which recognized that Defendant A killed the victim by knifeing the victim B with knife knife and knife knife knife knife knife knife knife knife knife knife knife knife knife k

B. The punishment sentenced by the first instance court (a 12-year imprisonment and confiscation) is too unreasonable.

2. Determination

A. The following facts are acknowledged according to each evidence duly adopted and investigated by the first instance court of the facts based on Defendant A1’s assertion of misunderstanding of facts

(1) From April 18, 2012, the Defendants 20:00 to drink together with Defendant B’s house. The Defendants revealed complaints that Defendant A was unable to receive money that Defendant A had borrowed to the victim prior to drinking, and sought to recover the victim, and Defendant B borrowed the knife purchased by Defendant B for a long time.

이에 피고인 B이 자신의 승용차에 보관하고 있던 이 사건 범행 도구인 회칼(칼날길이 30cm , 칼넓이 4cm , 손잡이와 칼날 사이 부분에 테이프가 뭉툭하게 감겨 있다)을 피고인 A에게 건네주었고, 이후 피고인들은 2012. 4. 19. 00:47경 피고인 B의 집 근처에 있는 H 편의점에 들러 흰 면장갑 2켤레 등을 구입하고, 함께 택시를 이용하여 피해자의 집 근처에 이르렀다.

The defendants enter the victim's house at around 01:30 on the same day, and the defendant A had a knife and knife the house at the inside of the house.

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