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(영문) 광주고등법원 2010.09.30 2010노171
강도살인
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) The Defendant’s assertion of mistake of facts is merely a fact that the Defendant: (a) placed an order on the side located on the second floor of the same building with the instant brigade located in the 305 room; and (b) placed the victim from the delivery of the order; (c) however, the Defendant was able to find the Defendant together with another gambling player; (d) the said gambling player was frighted by the Defendant with the victim; (c) the said gambling player was frighted with the victim while leaving the Defendant in the said room; and (d) there was a fact that the said gambling player was frighted with the victim while leaving the Defendant in the said room; and (d) the Defendant was forced from the victim or killed the victim; (e) notwithstanding the fact that the Defendant did not have taken cash from the victim, the lower court erred by misunderstanding the fact by forceing the victim into a knife, thereby taking cash and killing the victim’s bright.

(2) The sentence imposed by the lower court on the Defendant is too unlimited and unfair.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. Determination

A. The defendant and his defense counsel asserted the same assertion as the grounds for appeal of this case at the court below, and the court below rejected the above assertion in detail with the defendant's and his defense counsel's arguments under the title of "judgment on the defendant's and defense counsel's arguments". In comparison with the above judgment of the court below, the judgment of the court below is just, and there is no error of law that affected the conclusion of the judgment by misconception of facts.

Therefore, the defendant's above assertion is without merit.

B. The Defendant’s judgment on the assertion of unfair sentencing by the Defendant and the prosecutor is in an uneasible environment due to the traffic accident by his father at one time, and the instant crime is committed.

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