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(영문) 서울고등법원 2015.08.13 2015노1104
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seven years.

One (No. 1), enzyed flusium (No. 1), enzyed flusium.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) In spite of the fact-finding Defendant 1’s failure to commit murder beyond the degree of injury, the lower court’s determination that the Defendant had the intention to commit murder was erroneous by misapprehending the facts. 2) The lower court’s sentence of unfair sentencing (10 years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence is too uneasible and unreasonable.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined the case in question, and the prosecutor applied for changes in the indictment to add "the crime of injury or death" as stated in the following criminal facts, while maintaining the criminal facts of the court below in the first instance, and this court permitted it as stated in the following criminal facts. As examined below, the subject of the judgment was changed in the trial because it cannot be admitted as it is as it is for the primary charge, and the subject of the judgment was determined additionally.

Although the judgment of the court below is no longer maintained due to the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of the court, and this is examined

3. Judgment on the defendant's assertion of mistake of facts

A. From 2011 to 2011, the Defendant has frequently disputed that the victim D (year 71) who is her husband had the wind with her husband. In recent years, the Defendant had continued to seek for the victim since her husband met with her woman in the future and paid her living expenses.

The Defendant, from around 07:00 on September 10, 2010 to around 10:30 on the same day, she takes a variety of telegraphs, such as the victim’s face, arms, body brooms, and brooms, which were inside the house by reporting the victim’s fright, brooms (Evidence No. 2), brooms (Evidence No. 3), and brooms, etc., in the house, from around 07:0 on September 10, 2014 to around 10:30 on the same day.

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