[살인,폭력행위등처벌에관한법률위반][공1988.2.1.(817),308]
Whether or not homicides have been committed in case of murder with a fruit possessed by them at the scene of the crime without planned intention.
Even though there was no planned motive for the defendant to possess excessive amount of money and to live at the scene of the crime, in the event that the victim was assaulted from the victim at the scene of the crime, and the victim was knifd by a 30 centimeters long, it is reasonable to view that there was a perception that even if the criminal intent of the defendant was a net occurrence, the result of murder would occur.
Articles 250 and 13 of the Criminal Act
Defendant
Defendant
Attorney Choi Jong-mo
Daegu High Court Decision 87No1031 Decided September 24, 1987
The appeal is dismissed.
The ten days under detention after an appeal shall be included in the original sentence.
The grounds of appeal by the defendant and the public defender are examined together.
Even though there was no planned intention to kill the motive leading up to excessive possession of the defendant at the scene of the crime, it is reasonable to view that there was a perception that the result of murder would have occurred even if the criminal's criminal will would occur even if there was a net occurrence of the crime, in the event that the defendant died from the actual blood death due to the heart from the knst to the heart, so far as he takes the left chest of the victim by assaulting the victim at the scene of the crime at the 30 centimeters long.
Even if each evidence presented in the reasoning of the judgment of the court of first instance maintained by the court below is compared to records, the defendant sufficiently recognized the facts of the murder crime of this case and there is no error of mistake of facts or misapprehension of the legal principles
Examining the various circumstances, including the motive, means and result of the instant crime, degree of damage, age, character and conduct, criminal records, intelligence and environment of the Defendant, relationship with the victim, circumstances after the crime, etc., even if considering the circumstances alleged by the arguments, the determination of the punishment is proper, and there is no substantial reason to recognize that the amount of the punishment is extremely unfair. All the arguments are groundless.
Therefore, the appeal is dismissed, and part of the detention days after the appeal is included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.
Justices Kim Jong-sik (Presiding Justice)