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(영문) 대구고등법원 2018.03.22 2017노509
살인
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) asserted that the defendant's punishment (16 years of imprisonment, and confiscation) declared by the court below is too unfair and unfair, and the prosecutor claims that the defendant was so unfair as it was so unfased (the defendant asserted the grounds for appeal to the effect that he did not have any intention of murder on the grounds of appeal). The defendant's defense counsel also asserted that the defendant did not have intention of murder on November 9, 2017 when he stated the reasons for appeal as of November 9, 2017 at the first trial date of the trial of the court of the first instance, on the grounds of mistake and misunderstanding of legal principles, but the above argument clearly withdraws from the trial date of the second trial of the court of the first instance, stating the reasons for appeal as of December 11, 2017, and argued that the above argument that there was no mistake and misunderstanding of legal principles as to the above facts cannot be legitimate grounds for appeal, and even if so, the court below erred by misapprehending the legal principles or misapprehending the legal principles as pointed out ex officio.

2. On December 20, 200, when considering the various sentencing conditions of the instant case, the Defendant made efforts to recover part of the damage, such as the bereaved family members who were paid to the bereaved family members of the victim on December 20, 2017 according to the decision of the deliberative council on the relief of criminal damage to the crime of this case, the Defendant appears to have committed the instant crime in a somewhat contingent manner under the influence of drinking at the time when the victim saw the Defendant’s her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her and her her her her her her her her her her her her her her her her her her with her her her her her her her.

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