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Defendant
In addition, the appeal by the candidate for medical treatment and custody is dismissed.
Reasons
1. Summary of grounds for appeal;
A. At the time of the instant case, the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”) attempted to kill the victim, and there was no intention to kill the victim.
B. Even if the facts charged in the instant case are found guilty, the lower court’s imprisonment (three years of imprisonment) is too unreasonable.
2. Determination
A. 1) In the crime of murder, the intent of murder does not necessarily require the intention of murder or planned murder, and it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also it is so-called willful negligence.
In a case where the Defendant did not have the intent to commit murder at the time of committing the crime, and only there was only the intent to commit an injury or assault, whether or not the Defendant had the intent to commit the crime at the time of committing the crime ought to be determined by comprehensively taking account of the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive for committing the crime, the existence, type, and method of the prepared deadly weapons, the father and repetition of the attack, and the possibility of the occurrence
In full view of the following circumstances established by the evidence duly adopted and investigated by the lower court, it is sufficient to acknowledge that the Defendant had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had had
① Before committing the instant crime, the Defendant prepared a knife for committing the crime.
The total length of the knife is about 30 cm, and the knife length is about 80 cm.