살인미수등
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. In relation to the crime of mistake of facts or misunderstanding of legal principles, the Defendant did not have an intention to kill the victim.
B. The sentence of unfair sentencing (the defendant, the prosecutor) by the court below is too unreasonable.
(b)the above sentence is too unfeasible to the defendant.
(Public Prosecutor) 2. Determination
A. (i) As to the assertion of misunderstanding of facts or misapprehension of legal principles, the intention of murder is not necessarily deemed to have the purpose of murder or the intention of planned murder, and it is sufficient to recognize or anticipate the possibility or risk of causing another person's death due to one's own act, and its recognition or prediction is not only final but also conclusive and conclusive.
In a case where the Defendant did not have the intent to commit murder at the time of committing the crime, and only there was only the intent to commit murder or assault, whether or not the Defendant had the intent to commit the crime at the time of committing the crime ought to be determined by comprehensively taking account of the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive for committing the crime, method of the existence and use of the prepared deadly weapons, the father and repetition of the attack, and the possibility of the occurrence
(see, e.g., Supreme Court Decisions 2006Do734, Apr. 14, 2006; 2010Do17979, Feb. 24, 2011). The lower court determined as follows.
The following circumstances are acknowledged according to the evidence duly admitted and investigated by the court below:
The Defendant, who is doubtful that the victim had a relationship with another male, committed serious violence, such as reporting the face to the face in the extreme interest of the victim, blring the water, blring the water, combining the hand and theus with the strings, and priceing the head to the string disease.
The defendant has a large amount of the victim's disease after having her head.