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(영문) 대구고등법원 2020.08.19 2020노217
살인등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Unless there was a misunderstanding of facts that the Defendant did not murder the victim, the lower court convicted the Defendant of murder among the facts charged in the instant case. In so doing, the lower court erred by misunderstanding of facts. 2) The lower court’s sentence of unfair sentencing (20 years of imprisonment and fine 300,000 won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. As to the Defendant’s assertion of mistake of facts, the lower court alleged that the Defendant had found the victim’s house on the day of the instant case and claimed that there was no fact of murdering the victim. The lower court, which was conducted a participatory trial, based on the jury’s conviction verdict (as a result of verdict, 6 guilty, and 1 of innocence), and the following circumstances acknowledged by the legal principles as stated in its reasoning and the evidence duly adopted and investigated by the lower court, i.e., ① the Defendant’s house before the instant case was found as a matter of overdue payment with the victim, threatening the victim with a knife., and the Defendant called the victim on the day of the instant case, but the victim had been talked with the victim on a knife because of the telephone, and ② the Defendant was also aware of the fact that the victim’s body fighting was conducted on the day of the instant case, and ③ the victim’s private life was damaged by the part of the Defendant’s body at the time of the instant case, and found the victim’s body and body k on the day of the instant case.

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