살인미수
All appeals by the Defendants are dismissed.
1. Summary of the Defendants’ grounds for appeal
A. Defendant A (1) Even though there was no intention of misunderstanding the facts against the Defendant, the court below found the Defendant guilty against the rules of evidence.
(2) At the time of the instant crime, the Defendant was under the influence of alcohol and was in a state of mental disorder or mental disability.
(3) The lower court’s sentence of unreasonable sentencing (five years of imprisonment) is too unreasonable.
B. Defendant B’s imprisonment (one year and six months of imprisonment) is too unreasonable.
2. Determination
A. In the judgment of misunderstanding the facts as to Defendant A(1), the intent of murder does not necessarily require the intention of murder or planned murder, but it is sufficient to recognize or anticipate the possibility or risk of causing death of another person due to his own act, and its recognition or prediction is not only conclusive but also conclusive, 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, whether or not the Defendant had the criminal intent of murder at the time of committing the crime should be determined by taking into account the objective circumstances before and after the crime, such as the circumstances leading up to the crime, motive, motive, existence and type of the crime, method of attack, part and repetition of the prepared deadly weapon, degree of possibility of causing death, etc.
(See Supreme Court Decision 2006Do734 Decided April 14, 2006, etc.). The following circumstances acknowledged by the evidence duly admitted and investigated by the court below are as follows. ① The defendant sounded the victim as “this wicker once” and knife the victim’s chest part three times in knife, two times in knife, two times in knife, and one time in knife, the left part of buckbucks. ② Accordingly, the victim suffered six parts of knife and the part in the upper part of knife, respectively.