beta
Text
All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In the event of a mistake of fact in the victim, the fact that the Defendant committed the death of the victim, and the fact that led to the death of the victim. However, at the time of the Defendant’s assaulting the victim, the Defendant did not have the intent to kill the victim. 2) The Defendant was under the influence of alcohol at the time of the instant crime, and was in a weak state of ability to discern
3) The lower court’s sentence of unreasonable sentencing (the imprisonment of eight years is too unlimited and unfair).
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. Determination
A. As to the Defendant’s assertion of mistake of facts, the criminal intent of murder does not necessarily require the intention of murdering or planned murdering. It is sufficient to recognize or have predicted 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 but also it is 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 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 committing the crime, such as the background leading up to the crime, motive, existence and type of the crime, method of attack, the nature and repetition of the prepared deadly weapons, the possibility of causing death, etc.
(See Supreme Court Decision 2006Do734 Decided April 14, 2006, etc.). According to the evidence duly adopted and examined by the court below, the defendant's body, such as the victim's face, face, etc., arms, legs, timber, shoulder, shoulder, etc. as stated in the facts constituting the crime in the court below, she taken the back part of the victim's right upper part of the victim's face, etc., and the victim's death by light pressure.
On the other hand, people's title.