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(영문) 대법원 2012.06.28 2012도231
살인
Text

The judgment below is reversed and the case is remanded to Seoul High Court.

Reasons

The grounds of appeal are examined.

1. The establishment of facts constituting an offense in a criminal trial shall be based on strict evidence of probative value, which leads a judge to have a reasonable doubt, to such a degree that there is no room for a reasonable doubt. Thus, in a case where the prosecutor’s proof fails to sufficiently reach the extent that such conviction would lead to such a conviction, even if the defendant’s assertion or defense is inconsistent or unreasonable, it should be determined in the interests of the defendant.

2. According to the reasoning of the judgment below, the court below affirmed the judgment of the court of first instance that found the defendant guilty of the charges of this case on the following grounds: (a) the defendant's relationship and marital life; (b) life relationship around the time of the occurrence of this case; (c) the defendant and the victim's conduct; (d) the state of the defendant's body discovered before and after the occurrence of this case; (e) the body of the defendant discovered in the police investigation immediately after the occurrence of the case; (e) the defendant's conduct after the police investigation; and (e) the victim's medical history after the police investigation; and (e) the issue of this case is whether the cause of the victim's death is divided by hand; and (e) whether there is any circumstance or evidence that the defendant killed the victim before his house at around 06:41 on the day of this case; and (e) whether there is any circumstance or evidence that the defendant killed the victim before his house.

With respect to whether the cause of death of a victim is liquid death, the lower court first confirms the result of autopsy on the body of the victim, and found that the cause of death of the victim was ① frightened from the body of the victim, ② frightened from the body of the body of the body of the body of the body of the body of the victim, ② frightened from the body of the body of the body of the body of the body of the body of the body of the body of the body of the victim, ③ frightened from the body of the body of the body of the body of the body of the body of the body of the body of the body of the body of the victim, ③ frightened from the body of the body of the body of the body of the body of the body of the body of the victim, ④ g

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