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(영문) 대전고등법원 2020.04.17 2020노28
존속살해등
Text

Defendant

In addition, all appeals filed by the requester for attachment order and the prosecutor are dismissed.

Reasons

1. Determination on the defendant's case

A. As to the Defendant’s assertion of mistake of facts (whether the Defendant had the intent to commit murder) 1), the intent of murder does not necessarily require the intention of murder or planned murder. It is sufficient to recognize or anticipate the possibility or risk of causing another person’s death due to one’s own act, and its recognition or prediction is not definite, but it is so-called willful negligence. In a case where the Defendant did not have the intent to commit murder at the time of the commission of the crime, and only there was only the criminal intent of murder or assault, the lower court determined that whether the Defendant had the intent to commit murder at the time of the commission of the crime should have determined by considering the objective circumstances before and after the commission of the crime (see, e.g., Supreme Court Decision 2008Do9867, Feb. 26, 2009).

A mountain blades used by the defendant for committing a crime shall be limited to deadly weapons sufficient to kill or injure people.

The defendant's depth reaches about 90m, one time of the victim's chest, three times of the fiff, and the fiff has reached the fiff.

The victim died due to the creativity of the chest and the clothes, and in particular, the victim's left-hand chest was born to the heart, and a large quantity of blood transfusion was generated.

The defendant did not take any relief measures despite reporting the victim who knife with knife.

Examining the reasoning of the lower judgment in light of the foregoing legal doctrine, the lower court’s judgment is justifiable.

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