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(영문) 대법원 2018.10.25 2018도12330
살인
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant facts charged on the following grounds.

In other words, it is sufficient that ① the defendant who was in an excessive state in a situation where the appraisal between the defendant and the victim has been gradually advanced, and the defendant was able to die, and there was sufficient motive for the victim to have a knife with a knife with a knife infly shock, even though it was predicted that the victim could die.

It is reasonable to view it.

② The transition, which is a means to commit an offense, is a deadly weapon with the length of 19cc and the blade of 8.5cm long, which is sufficient tool to kill a person according to the method of use.

The parts of the victim's timber are passing through the beer, so if knife is knife in such a knife, knife knife is less likely to die by suffering from a fatal knife.

Examining the size (2.5 cm) and depth (6 cm) of the victim's neck, etc., the strength of the knick force was very strong.

I think that it can be inferred.

③ At the instant site, the body could not find out a trace of fighting, and there is no particular scambling of the body in the body, and the body of the victim remains a scam of defense.

직접 사인인 자창( 刺創) 은 피해자의 목 부위 단 1 곳에 불과 하다. 범행에 사용된 과도는 부엌 싱크대 위의 칼 꽂이에 있었고, 당시 순대를 먹고 있었던 피해자가 그와 같은 과도를 피해 자의 방 안에 두었을 이유도 없다.

As seen earlier, the knives of excessive knives led to the knives of the victim, and the depth of the knives reaches 6 cm.

Comprehensively taking account of such circumstances, while the Defendant and the victim were replaced, the Defendant cited excessive measures from the kitchen to the kitchen, and the victim flicked the victim’s trees at once in a situation where the victim is unable to recognize his/her behavior or it is difficult for him/her to recognize his/her behavior, and her fl

It is inevitable to see.

(4) F shall continue to be followed by the prosecution, the first instance court, and the court of original instance until the court of original instance.

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