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All appeals are dismissed.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The purport of Article 254(4) of the Criminal Procedure Act to specify the charged facts regarding the Defendants’ non-guilty charges by specifying the date, time, place, and method of a crime is to limit the scope of trial against the court and facilitate the exercise of the defense right by specifying the scope of defense against the Defendant. Thus, considering the nature of the charged crime, it is sufficient to specify the facts constituting the cause of the public prosecution by stating the time, place, method, and purpose of the public prosecution to the extent that it can distinguish the facts constituting the cause of the public prosecution from other facts. Even if it is somewhat unclear, the facts charged may be specified along with other matters indicated. Thus, if there is no impediment to the Defendant
(See Supreme Court Decision 2005Do8675 Decided March 9, 2006, and Supreme Court Decision 2008Do507 Decided March 27, 2008, etc.). In addition, the date, time, place, and method of a crime in the crime of murder are not the elements of a crime, and where it is not recognized clearly, the overall statement is required if it is not recognized clearly.
(See Supreme Court Decisions 86Do1073 delivered on August 19, 1986, and 2008Do507 delivered on March 27, 2008, etc.). The lower court, as in the instant case, where it is impossible to specifically identify the method of murder due to the bodily injury of a victim to the extent that the body of the victim, which is the direct and only proviso, could be seen as being identical to the absence of the body of the victim, the Defendant A denies the crime of murder, and the body of the victim was damaged, as in the instant case, may lead to a significant unreasonable consequence unless the specific degree of the facts charged is mitigated. The Defendant A’s circumstance leading to the death of the victim in the instant case.