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(영문) 부산고등법원 2013.08.14 2013노109
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Prosecutor 1) The lower court determined that: (a) the Defendant prepared for an erroneous determination of facts in advance and entices the victim, who was unaware of such fact, and subsequently failed to know of the fact, committed an unlawful act that affected the conclusion of the judgment by misunderstanding the fact that the Defendant was guilty of murdering the victim on an contingent basis, by taking advantage of the victim’s wife and her mother, who was the victim’s mother, during the course of pursuing the victim’s whereabouts, even though he/she planned murdered the victim in a way that he/she was aware of such a gap; (b) the lower court’s sentence of unfair sentencing (1

B. The lower court’s punishment is too unreasonable.

2. Determination

A. The 1st prosecutor of the determination of mistake of fact (public prosecutor) states that ① the defendant was aware of the whereabouts of D for his children including the victim, who knew of the fact that the defendant was undergoing a divorce lawsuit by leaving D, but his children did not get his children, ② the defendant prepared a will in advance to kill his children, including the victim, and then failed to do so at the time ahead of the scheduled family council. ③ In light of the situation at the time of the crime and the fact that there was no discovery of the defense of the victim at all, the defendant and the victim did not murder the victim in the process of the dispute, but rather, it appears that the victim died at the back of the ward, and ④ the fact that the defendant did not have the intention to kill the victim at the first stage of the crime, ④ the fact that the defendant did not have the intention to kill the victim from the beginning at the time of the crime scene, ⑤ the fact that the defendant did not have the intention to kill the victim at the time of the crime scene.

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