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(영문) 대전고등법원 2016.12.09 2016노358
존속살해미수등
Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

In this Court’s trial scope, the lower court declared a conviction in the Defendant case, and accepted the prosecutor’s request in the case of a medical treatment and custody claim, and rendered a judgment dismissing the prosecutor’s request in the case of a medical treatment and custody claim, and only the Defendant and the requester for a medical treatment and custody file an appeal regarding the case of a request for an attachment order, so the case for a request for attachment order is excluded from the scope of this Court’s trial notwithstanding Article 9(8) of

Summary of Grounds for Appeal

A. 1) In the event of a misunderstanding of facts with regard to Defendant case, the Defendant did not intend to commit murder with his mother who is the victim of a mental division, and did not intend to kill the victim. 2) The lower court’s sentence of unfair sentencing (two years of imprisonment) is too unreasonable.

B. As the mother of a candidate for medical treatment and custody intends to receive medical treatment by bringing the candidate for medical treatment and custody into China, the applicant for medical treatment and custody should not be subject to medical treatment and custody in a custody facility.

Judgment

A. 1) As to the Defendant’s argument of misunderstanding the facts, the intent of murder (A) 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 his own act, and its recognition or prediction is not only conclusive but also conclusive. In a case where the Defendant asserts that there was only no intention of murder or assault at the time of committing the crime, and that there was only the intention of murder, whether or not the Defendant had the intention of murder at the time of committing the crime, is the circumstance leading up to the crime, motive of the crime, existence of a deadly weapon prepared, type, method of use, and method of use.

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