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(영문) 광주고등법원 (전주) 2015.03.24 2014노272
살인등
Text

The judgment below

The part of the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for 13 years.

one certificate of seizure.

Reasons

1. Summary of grounds for appeal;

A. The defendant and the person subject to a request to attach an attachment order (hereinafter referred to as the "defendants") found the victim guilty by misunderstanding the facts, losing the victim's consciousness, driving the vehicle, and driving the vehicle near the slope, and the deader scambling the victim with fear of the death at the last moment he wanted to fall from the slope, and opened a driver's seat in person with the driver's seat kept. The victim did not immediately die immediately, but did not immediately die when the vehicle on board was crashed under the slope. As the victim died, the Defendant merely committed murder and did not abandon the victim's body. Nevertheless, the court below found the Defendant guilty of the abandonment of the body, which affected the conclusion of the judgment, by misunderstanding the fact that there was an unfair sentencing sentence (18 years of imprisonment).

B. Prosecutor 1) The lower court’s punishment of the Defendant case (a two-dimensionally unfair) is too unfluent and unreasonable. 2) The lower judgment dismissing the Defendant’s request for attachment order even if the Defendant’s request for attachment order is recognized as a risk of repeating a crime of murder.

2. Determination on the part of the defendant's case

A. In full view of the following circumstances acknowledged by the evidence adopted by the lower court’s determination on the Defendant’s assertion of mistake of facts, the lower court found the Defendant guilty of the charges regarding the abandonment of the body, on the ground that it is reasonable to view that the victim was killed by assaulting the Defendant’s face, head, etc.

(1) In the police investigation, the defendant considered the head of the victim as a result of the police investigation, and the victim sited down.

At the time, there was a lack of awareness of the victim at the time, making it difficult for the victim to take the front left of the front left of the vehicle, and the victim has not been hidden.

Afterward, the victim will occur or move while driving the vehicle.

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