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(영문) 부산고등법원 2015.05.13 2014노747
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for seventeen years.

The seized KONEX shall be confiscated (No. 1).

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts: (1) The Defendant did not have any intention to abandon the victim’s body as indicated in the judgment of the court below; (2) as indicated in paragraph (3) of the judgment of the court below, the Defendant murdered the victim in the house room as well as transferred the body to the cargo vehicle in the judgment of the court; and (3) as indicated in paragraph (2) of the judgment of the court below, the fact is not a reversal of the statement on the reason of the murder since the victim and the above cargo vehicle are disputed with the victim and killed the victim with the safety level. However, this assertion is a reversal of the statement on the reason of the murder; (3) the Defendant led to confession from the police investigation of the crime of murder of this case by mistake of facts within the deadline for submission of the statement of reasons for appeal and did not submit the reasons for appeal with respect to the crime of murder of this case; (2) the Defendant did not separately consider that there was a mistake of facts as to the crime of murder of this case.

B. In light of the fact that a serious result of the death of the victim of the public prosecutor, the attempt to abandon the body after committing the crime and to manipulate Albaba, it is difficult to see that the defendant is divided into a serious part of the crime, and the bereaved family members of the victim want to be punished against the defendant, the lower court’s punishment is too uneasible and unreasonable.

2. Determination

A. As acknowledged by the evidence duly adopted and examined by the lower court regarding the Defendant’s assertion of mistake of facts, the lower court found that the Defendant’s injury under paragraph (1) of the first instance judgment was caused by the Defendant’s assault on October 1, 2013, and the victim went to the Defendant’s house for one week at the seat of J, which is the third father, for the fourth day. The victim’s fourth time discovered that the Defendant’s arms and fingers were left to the victim’s house. The victim’s son was able to back the victim to the K foreign branch and hospitalized treatment from October 7, 2013 to October 18, 2013.

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