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(영문) 광주고등법원 2019.01.31 2018노426
살인
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (seven years of imprisonment) is too unreasonable.

B. Prosecutor 1’s assertion of mistake of facts - As a result of the victim’s autopsy on the primary charge, it was found that the body part of the victim’s face was found that the body of the victim would be distinguished from the body of other parts, focusing on the cryp and the cryp of the face of the victim, and that the body of the victim was found together with the blood at a place where the upper c

In full view of the first appraisal opinion of the autopsy, the regular autopsy report, and the opinion of the professional examiners, the victim's opinion can be seen as being planted at a more time than ordinary cases in consideration of the victim's blood alcohol concentration.

Therefore, according to the evidence submitted by the defendant, since the defendant was proved to have caused the death of the victim by booming the victim's neck or blocking him from suffering from bees, etc. on the day of the instant case, it shall be deemed that the defendant had a conclusive intention to kill the victim. Even if the defendant did not prevent the victim from suffering from his nose, it shall be deemed that the defendant had a willful negligence on the victim's death in light of the motive of the crime, circumstances after the crime, and the use of considerable violence, such as the victim's head or face face, etc. by using the victim's disease.

Nevertheless, the court below found the Defendant not guilty of murder, which is the primary charge, on the ground that it is difficult to view that the submitted evidence alone alone proves that the Defendant died with the victim’s neck with the intent to murder or with the victim’s crocf by influoration by unfluoring the victim’s crocf, etc.

Therefore, this part of the judgment of the court below is due to mistake of facts.

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