[강도살인][공1990.3.1(867),476]
The case holding that dolusent intention of murder is recognized
The defendant's knife knife knife and knife the victim knife and died by a knife who passed the heart from the snife, and the defendant escaped from the scene immediately after the excessive possession, it seems that the defendant did not occur in the process of being pushed in to threaten the victim simply in order to threaten the victim, but it seems that the defendant has deep-flife the victim's left chest so far, and even if the crime is contingent, there was an incomplete intention as a crime that recognized and committed the result of murder.
Articles 13 and 250 of the Criminal Act
Defendant
Defendant
Attorney Cho Han-chul et al.
Gwangju High Court Decision 89No427 delivered on September 28, 1989
The appeal is dismissed.
The twenty-six days of detention days after an appeal shall be included in the calculation of the original sentence.
The defendant and his defense counsel's grounds of appeal are also examined.
Examining the evidence admitted by the court below, the defendant stated to the effect that he saw excessive materials on the entrance door door to threaten the victim to swornly obstruct the victim's resistance, and the court of first instance held the victim's right and wrong, consistent with the police's findings of the crime, and stated that the victim spawds first with knife and knife the victim's knife, and stated that knife would knife the victim's knife with knife, but the above knife's knife's knife's knife's knife's knife's knife's knife's knife's knife's knife's knife's knife's knife's knife's knife's k's k.
Therefore, the appeal shall be dismissed, and the twenty-six days of detention days after the appeal shall be included in the principal sentence. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Chang-chul (Presiding Justice)