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(영문) 서울고등법원 2017.12.04 2017노2234
살인
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) When committing the instant crime by mistake and misapprehension of the legal principles, the Defendant, at the time of the instant crime, committed the instant crime, was at the time of the instant crime, by taking the victim’s head knifely with the victim’s head knife by hand over the victim’s head knife, and was at the left hand one time with the victim’s face knife. However, there was no fact that the victim’s face and head knife with drinking as stated in the judgment of the court below when the victim’s face and head knife with the victim’s face and head knife with the victim’s head knife coming into the guest room. At the time of the instant crime, the Defendant was knife by making the part of the victim’s knife knife for more than a half time with the victim’s head knife with the victim’s head knife.

B. At the time of the instant accident, the victim died with the “ebrate softened softened softened softened softened softened softened.” In addition, the victim cannot be a private person of the victim, under the premise that the Defendant was at the seat of the part of the victim, on the premise that he was at the seat of the part of the victim.

Therefore, at the time of the crime of this case, the defendant was only a single and contingent assault or injury to the victim, and there was no intention or perception to murder the victim.

Nevertheless, the lower court recognized the Defendant’s “the victim’s face, hair, etc. are taken several times, and so far, the victim’s neck is hard,” and recognized the Defendant as one of the major individuals of the victim’s body, and further, there was the Defendant’s intentional murder at the time of the Plaintiff’s death.

The judgment of the court below is erroneous in the misunderstanding of facts and legal principles.

2) The lower court’s sentence (10 years of imprisonment) against an unjust defendant is too unreasonable.

B. The lower court’s sentence (10 years of imprisonment) against the Defendant by the prosecutor (unfair sentencing) is too uncomfortable and unfair.

2. Determination:

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