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(영문) 대전고등법원 2016.04.15 2015노633
살인미수
Text

The defendant's appeal is dismissed.

Reasons

1. Judgment on the grounds for appeal

A. misunderstanding of facts and misapprehension of legal principles 1) The gist of the argument is to recognize the fact that the defendant used violence as stated in its reasoning against the victim who was in an internal relationship at the time and place of the decision of the court below. However, it was merely for the defendant to show the situation of committing suicide to the victim, but it did not result from the intent of murdering the victim

Therefore, the Defendant had the intent to commit murder at the time.

subsection (b) of this section.

2) Determination A) The criminal intent of murder is not necessarily recognized as a purpose of murder or a planned intention of murder. It is sufficient to recognize or anticipate the possibility or risk of causing death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also a 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 that there was only the criminal intent of murder or assault, whether the defendant was a criminal intent of murder at the time of committing the crime should be determined by comprehensively taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive, type, method of the crime, degree of repetition and repetition of the prepared deadly weapons, and possibility of causing death (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009).

For the reason that the defendant and the defense counsel were rejected.

(1) The defendant shall complete the body of the victim to the degree of tear.

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