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(영문) 부산고등법원 2014.10.16 2014노264
살인등
Text

The judgment below

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

A defendant shall be punished by imprisonment for 18 years.

The judgment below

(2).

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one-five years of imprisonment) is too unreasonable for the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

B. Prosecutor 1) 1) misunderstanding of facts and misunderstanding of legal principles - the part not guilty (homicide) submitted by the Prosecutor, the evidence submitted by the Prosecutor is sufficiently recognized that the Defendant did not have any negligence as to murder at the time of committing the instant crime.

Nevertheless, the judgment of the court below which acquitted the defendant about murder on the ground that it cannot be deemed that the defendant had intention to murder, and which found the defendant guilty only for the crime of death resulting from bodily injury contained therein is erroneous in the misapprehension of legal principles as to willful negligence, or in the misapprehension of facts against the rules of evidence,

B) The lower court’s sentence of unreasonable sentencing is too uneasible and unreasonable. 2) It is unreasonable for the lower court to dismiss the Defendant’s request for an attachment order of the location tracking device even when the Defendant committed murder, and furthermore, the Defendant’s risk of recidivism is recognized.

2. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. The summary of the facts charged (the point of homicide) was as follows: (a) around 08:40 on October 24, 2013, the Defendant continued to use violence against the victim (the aged seven years at that time) at the Defendant’s residence in Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S., 206 Dong 503 on the same day; (b) on the ground that the victim’s cash 2,300 won left on the table of the table was stolen, stolen, and again made a false statement, and then, until around 09:15 on the same day, the Defendant dumpeded the victim’s head for about 35 minutes on the ground that the victim’s head was stolen, saloned, and salved by the victim’s side, salvating part of each side of the victim.

(hereinafter referred to as “the primary assault of this case”). After 09:45 on the same day, the Defendant, at around the same day, steals the victim’s phrase “I wish to do so” to the Defendant, the victim steals the object.

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