[살인미수(변경된죄명:살인)][집30(4)형,216;공1983.3.15.(700)454]
(a) In the case of having a knife of a snife of a sniff, die and dolus negligence of murder;
(b) the existence of a causal relationship in the event that an act of self-sufficiency causes death by combining other causes (affirmative);
A. In a case where the Defendant died of the lower part of the victim’s body fiffed with food, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife k
B. Even though the defendant's self-reliance act did not directly cause the death of the victim, there is a causal relationship between the act and the death, even if other indirect causes caused the death by combining them with other indirect causes caused by the death. The diagnosis of this case is a direct death, which is the heart, pulmonary part, pulmonary part of the middle line, hypology, salpology, salpology, salposis, salposis, salposis, and so on. Even if the defendant died due to the above salpism after one month from the injury of the victim, the existence of causal relationship between the act of self-reliance and the death cannot be denied, as long as the salpism was based on excessive blood transfusion caused by the above salpology and the infection of the body.
(a) Articles 13 and 250(1) of the Criminal Act; Articles 17 and 250(1) of the Criminal Act
Defendant
Defendant
Attorney Lee E-hee
Seoul High Court Decision 82No1702 delivered on September 23, 1982
The appeal is dismissed.
The ninety-five days under detention after an appeal shall be included in the original sentence.
The defendant's defense counsel's grounds of appeal are examined.
1. Examining the records of the first instance judgment and the lower judgment maintained by the lower court on a comparison of each evidence, the following facts are sufficient to recognize the fact that the victim's lower part of the body with a 39cm in length (13cm in length) and 4.8cm in width was caused by a snife with 5 cent in diameter, 15cm in depth, and 15cm in a snife with a snife with a snife with a snife with a snife with a snife with a snife with a sife with a sife with a siff, and without a blood pressure being promoted, a siffe with a siffe with a siffe with a siffe with a siff with a siff with a siff with a siff with a siff with a siff with a siff with a siffe with a siff.
2. Although the defendant's act did not directly cause the victim's death, there is a causal relationship between the act and the death, even if the result of death was caused by combination of other indirect causes caused by the death. The diagnosis of the theory is based on the diagnosis of the theory, which is direct death, the heart, respiratory, cardiopulmonary scarcity, the intermediate event, the scarcity, the scarcityic scarcity, the advanced death, the sacrosis, and the sacrosis. However, even if the testimony of the witness of the court below pointed out in the theory of the lawsuit was based on the testimony of the witness of the court below, it was inevitable to perform the above surgery and the blood transfusion. In light of the symptoms of the above deceased, in light of the symptoms of the above deceased, it was inevitable to perform the above surgery and the blood transfusion were reduced by the function of the body body of the entire body (the data on treatment of the victim did not exist). Thus, even if the victim was injured by the crime, the causal relationship between the defendant's act and the s s infection cannot be denied.
3. In light of the record, even in preparation for the evidence at the time of the original trial, it is recognized that the defendant was under drinking as the theory at the time of the crime of this case, but there is no illegality in the measure of rejecting the defendant's assertion of mental and physical disorder on the ground that it is not recognized that the defendant had a mental and physical condition or mental disorder at the time of the crime of this case.
4. The court below's determination of the punishment of this case is reasonable in light of the defendant's environment, background leading to the crime of this case, circumstances after the crime, etc., considering the existence of human life even when considering all circumstances, which form the conditions for sentencing as stated in the records as stated in the reasoning of the court below, and it does not seem that there is a significant reason to recognize that the amount of the punishment of this case is extremely unfair.
Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating judges by applying Article 57 of the Criminal Act with respect to the inclusion of days of pre-trial detention.
Justices Kang Jong-young (Presiding Justice)