logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주고등법원 (제주) 2013.08.14 2013노38
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have any intention to kill the victim.

In addition, even though the crime of this case was committed by the victim's injury and the defendant's injury, and did not commit the crime of this case, the court below erred by misapprehending the legal principles as to the willful negligence of the murder, or by misapprehending the legal principles, although the crime of this case was committed as a sudden accident in the process of punishing the body fighting.

B. Under the influence of alcohol at the time of committing the crime, the Defendant was in a state that, under the influence of alcohol, there was no or weak ability to discern things or make decisions.

C. The sentence of an unreasonable sentencing (eight years of imprisonment) by the lower court is too unreasonable.

2. In the case of a defendant and his defense counsel, the additional appellate brief and a summary of oral argument, which are submitted by the defendant and his defense counsel subject to the submission period, shall be considered to the extent that they supplement the above grounds

A. 1) The criminal intent of the crime 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 only conclusive but also uncertain intent (see, e.g., Supreme Court Decisions 2001Do3997, Sept. 28, 2001; 87Do2564, Feb. 9, 198). In addition, in the event that the defendant did not have the criminal intent of murder at the time of committing the crime, and only he was the only criminal intent of murder or assault, the issue of whether the defendant was the criminal intent at the time of murder is attributable to the defendant, the circumstance leading up to the crime, motive for the crime, method of preparation for the crime, method of attack, degree and possibility of repeating the crime, and objective circumstances such as death before and after the crime (see, e.g., Supreme Court Decision 201Do1411, Feb. 1, 2019.

arrow