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(영문) 대법원 1986. 5. 27. 선고 86도420 판결
[살인][공1986.7.1.(779),835]
Main Issues

In the case of death of a knife with the part of the victim after the nife, the intentional approval of murder shall be granted.

Summary of Judgment

In the event that the victim conceals excessive transition after the dispute with the victim and waits for the victim at the scene of the crime, if the knife dies of the knife due to the knife knife sof, it can be recognized that the knife dies with the

[Reference Provisions]

Articles 250 and 13 of the Criminal Act

Escopics

Defendant

upper and high-ranking persons

Defendant

Defense Counsel

Attorney Park Young-soo

Judgment of the lower court

Seoul High Court Decision 85No3132 delivered on January 31, 1986

Text

The appeal is dismissed.

Reasons

The defendant and public defender's grounds of appeal are also examined.

Comprehensively taking account of the evidence cited by the first instance judgment maintained by the court below, there is no error of law by mistake of facts due to violation of rules of evidence, such as theory of lawsuit, since it is possible to recognize the defendant's criminal facts. The court below affirmed the judgment below which recognized the defendant's death in light of the above facts, such as the fact that the defendant was in dispute with the victim prior to the crime of this case, the defendant concealed the excess of the victim prior to the crime of this case, and waiting the victim at the scene of the crime, but at the same time, the victim's clothes were transferred to the hospital due to knife f

As to the grounds of appeal by the counsel on unfair sentencing, the court below's decision that maintained life sentence sentenced by the judgment of the court of first instance in light of the following facts: (a) the crime of this case was planned on the defendant's minor unilateral appraisal; (b) the defendant did not take measures such as agreement with his bereaved family members after committing the crime; and (c) the defendant did not have any force from before the crime was committed as violence-related crimes to juvenile reformatories or correctional institutions; and (d) other all circumstances constituting the conditions of sentencing as shown in the record, it is just and acceptable to

Any question is or is groundless.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Jong-soo (Presiding Justice)

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