The judgment below

The part of the case of the defendant is reversed.

A defendant shall be punished by imprisonment for twenty-five years.

The judgment below

(2).

Summary of Reasons for appeal

A. The Defendant and the respondent for the attachment order (hereinafter “Defendant”) committed murder with the intent of taking money from the victim only after murdering the victim and there was no intention to take such money at the time of committing the crime.

Nevertheless, the lower court erred by determining this as a crime of robbery.

2) In light of the Defendant’s financial status, the lower court erred by misapprehending the fact that there was no motive for murdering the victim in order to take the amount equivalent to KRW 2,274,00,00, and that the Defendant brought a sudden interest through assault and verbal abuse by the victim, and that the Defendant did not plan the scene of the crime or the implements of the crime in advance, and found the Defendant guilty of murder by taking into account the Defendant’s three and four prosecutorial interrogation records, etc., which lack voluntary gender and credibility, as evidence.

3) The punishment sentenced by the lower court (30 years of imprisonment) is too unreasonable.

B. Prosecutor 1) The sentence of the lower court’s unfair sentencing is too unhued and unfair.

2) The lower court’s judgment dismissing the Defendant’s request for attachment order on the ground that the dismissal of the request for attachment order is recognized as the risk of recidivism.

2. Determination on the part of the case of the defendant

A. Determination 1 on the Defendant’s misapprehension of the legal doctrine and the assertion of mistake of facts 1) In order to establish the crime of murder by robbery in the relevant legal doctrine, the establishment of robbery should be recognized first. The crime of robbery should be established in order to establish robbery (see Supreme Court Decision 2004Do1098, Jun. 24, 2004). In a case where the Defendant denies the criminal intent of robbery, the facts constituting such subjective element should be proven by the method of proving indirect or circumstantial facts having considerable relevance to the criminal intent, and what constitutes indirect facts having considerable relevance.