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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울고등법원 2016.03.11 2015노2773
살인미수등
Text

The defendant's appeal is dismissed.

A custody applicant shall be treated and custody at the request of a public prosecutor in the court.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant and the Defendant-Appellant for the medical care and custody (hereinafter “Defendant”) committed suicide with the victim’s hospital to commit suicide, and at the time jack naf and the knife, the knife, the knife, the knife, etc., possessed by the Defendant were not memoryd with the knife to make a food truck.

Therefore, since the Defendant did not have had the intent to murder the victim, the judgment of the court below which found the Defendant guilty of the facts charged in this case is erroneous.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Judgment on the grounds for appeal

A. The criminal intent in the crime of homicide does not necessarily require the intention of murder or planned murder. 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 dolusent intentional negligence (see Supreme Court Decision 2008Do507, Mar. 27, 2008, etc.). In light of the above legal principles, the health unit of this case is acknowledged by the evidence duly adopted and investigated by the court below. In other words, the following facts and circumstances acknowledged by the court below, which were duly adopted and investigated by the court below, consider that the defendant should have purchased gasoline from the gas station near the victim hospital and to kill the victim as the victim. On the day of the crime, the defendant purchased gasoline from the oil station near the victim hospital and got the victim hospital to the victim hospital, and if the defendant did not have the knife by placing the victim's knife in the hospital room and added it to the victim.

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