[살인ㆍ살인미수ㆍ폭력행위등처벌에관한법률위반ㆍ향토예비군설치법위반][공1986.10.15.(786),1339]
In the event that the fighting has caused the victim's knife to die by knife and knife, the examples recognizing the intention of murder.
In a case where a fighting match and 32 cm in length and 20.5 cm in length, and the victim's left-hand side are continuously and continuously generated power, so if a knife knife and died by blood from a snife in the mouth of the knife at the site of the knife, there was a perception that the knife part is very important part of the body, so it would result in the brue death. Therefore, it should be deemed that there was a willful negligence in murder.
Article 250 of the Criminal Act
Defendant
Defendant
Attorney Jeong-sung
Seoul High Court Decision 86No381 delivered on May 28, 1986
The appeal is dismissed.
The forty-five days of detention days after the appeal shall be included in the original sentence.
The grounds of appeal by the defendant and his defense counsel are examined.
If a fighting match and the kitchen knife knife in the kitchen (32% in length and 20.5% in length on the day) and "this knife knife" and "in this knife knife the left side of the victim by driving behind the victim, and the victim's knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife on the left side of the other victim, and then died by running the victim's knife knife knife with a knife, then there was no error of law in the misapprehension of legal principles as to the crime of murder and the crime of murder.
Therefore, the appeal is dismissed. In accordance with Article 57 of the Criminal Act and Article 24 of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, 45 days of detention after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.
Justices Yoon Yoon-tae (Presiding Justice)