beta
(영문) 광주고등법원 2014.05.22 2013노493

살인미수

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

Summary of Grounds for Appeal

Even though it is reasonable to view that the defendant attempted to murder the victim, taking into account the following: (a) the defendant claimed the victim by telephone and carried the knife in advance; (b) the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife,

Judgment

On December 25, 2012, at around 23:50 on December 25, 2012, the Defendant tried to kill the victim D (the age of 44) in the F Park located in Gwangju-gu, Seo-gu, Gwangju-gu, with a view to having the victim kills three times the left part of the victim’s bucks, and attempted to have the part of the ship back again, but the victim was not able to prevent it by hand, and the victim tried to have the knife the above knife in order to continuously murder the victim, but failed to bring the beer knife with the knife with the knife.

The criminal intent in the crime of murder does not necessarily require the intention of murdering or planned, 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 but also it is so-called willful negligence. In a case where the defendant asserts that there was no criminal intent of murder at the time of committing the crime, and only there was only the criminal intent of murder or assault, the issue of whether the defendant had the criminal intent of murder at the time of committing the crime is likely to occur.