살인
The defendant's appeal is dismissed.
The court's scope of trial was pronounced guilty on the part of the defendant's case, and the court rendered a judgment dismissing the prosecutor's request regarding the part of the attachment order case, and only the defendant appealeds against the conviction part. Thus, the part of the attachment order case is not a benefit of appeal, and therefore, the part is excluded from the scope of trial notwithstanding Article 9 (8) of the Act on Probation and Electronic Monitoring, etc.
Therefore, the scope of this court's adjudication is limited to the defendant case.
Summary of Grounds for Appeal
The Defendant was in a excessive way for the victim of misunderstanding facts only, but the Defendant was in dispute with the victim, and even though he did not think of the victim's fiff as soon as possible, the lower court found the Defendant guilty of committing the crime at the time of the original trial to be unlawful.
The sentence of imprisonment (10 years of imprisonment) imposed by the court below on the defendant is too unreasonable.
Judgment
In relation to the assertion of misunderstanding of facts, the intention of murder is not necessarily recognized as the purpose of murder or the planned intention of murder, but it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act, and its recognition or prediction is not only conclusive but also conclusive. In a case where the defendant asserts that there was no criminal intent of murder at the time of the crime, and that there was only the criminal intent of murder or assault, the issue of whether the defendant had the criminal intention of murder was caused by the crime, the circumstances leading up to the crime, motive, method of the crime, the existence and use of the prepared deadly weapons, the father and repetition of the attack, and the death.