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(영문) 서울고등법원 2014.10.24 2014노1841
살인등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for 18 years.

One package for travel seized (No. 1) and one package for travel.

Reasons

1. The sentence of the lower court (13 years of imprisonment) to the gist of the grounds for appeal is too unreasonable;

(1) On the contrary, the above sentence is too unfortunate and unreasonable.

(2) On January 4, 2014, the lower court found the Defendant guilty of the charge of murder, on the sole basis of the evidence submitted on the part of the first head of the facts charged of murder, stating that “The Defendant suspected of having the victim enter the Defendant’s house on January 4, 2014, caused the victim to be free from the exemption from purchasing the victim in advance, and attempted to kill the victim.” In so doing, it is insufficient to view that the Defendant had the victim had the intention to murder from the time when the two oil was delivered to the victim, and there is no other evidence to acknowledge that the Defendant had the same content as the facts charged in the lower judgment.

In the statement of grounds for appeal, while the prosecutor asks for a new determination as to this part of the grounds for appeal on the grounds of appeal. However, considering the fact that the Defendant received Q and text messages suspected of having an internal relationship with the victim by using the victim’s cellular phone and using the victim’s mobile phone, the prosecutor does not accept the above assertion, since it is difficult to view that the Defendant had sufficiently proven the intention to commit murder from the time when the prosecutor pointed out, to the extent that it is beyond a reasonable doubt.

A. While the Defendant was at the time of the commission of the crime with the wife (the age of 34) and the Defendant was committing the crime, the Defendant: (a) tried to reduce the victim’s breath to fall down in a state where the victim was locked; and (b) caused the victim to die by his/her pressure at the same time.

In addition, the defendant put the body of the victim into a gambling room for use, put it under the bottom of the stairs before the house, put it into a siren for travel newly purchased, and moved it into a siren for the Gyeongnam-gun, and abandoned it into a sewage outlet.

Each of the instant cases.

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