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(영문) 광주고등법원 (제주) 2019.01.30 2018노82
살인
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six years.

knife.

Reasons

Summary of Grounds for Appeal

In full view of the following facts: (a) Defendant A had a complaint against the victim for a long time from the upper time with Defendant A, and expressed the intent of “to put in confusion” or “to put in confusion”; (b) there was an agreement between the above Defendant and the upper Defendant at the time of the crime to put the victim in a knife; (c) the above Defendant prepared a knife at the time of the crime with the knife length up to 25cm; and (d) the said Defendant was flife against the above Defendant; and (c) the said Defendant was able to stop or stop the above act even if the said Defendant had kept the victim at the scene at the time of the crime with the knife knife; and (d) there was a criminal intent to murder against the above Defendant; and (e) there was also a conspiracy with the above Defendant.

Nevertheless, the court below rendered a not guilty verdict on the charge of murder on the ground that the above defendant was not sufficiently proven that there was a criminal intent or conspiracy for murder, and there is an error of misunderstanding of facts and misunderstanding of legal principles.

Defendant

In light of the fact that the above defendant recognized the crime and reflects on the crime and that the victim's bereaved family members agreed smoothly with the victim, the court below's imprisonment (7 years of imprisonment and confiscation) is too unreasonable.

Defendant

B misunderstanding of facts, the above defendant listens to the statement that he is mixed with the victim A from the date and at the place specified in the facts charged, and served with knife with the victim's clothes attached to the knife. After doing so, the victim and the knife with the victim and the knife that the above defendant went beyond, and knife the victim's knife with the knife with the knife with the victim's knife, and there was no intention to murder the

Nevertheless, the judgment of the court below which found the above defendant guilty as guilty is erroneous in the misapprehension of facts.

Even if the facts charged of murder against the above accused are found guilty, it shall be found to be guilty.

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