beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) misunderstanding of facts had been committed by the victim prior to the crime of this case, and the victim was not able to properly express his intention at the time. However, as the victim was satisfed on the day of the crime of this case, it was merely satisfing the victim, and there was no intention to kill the victim. Nevertheless, the judgment of the court below convicting the Defendant of the charges of this case on the ground that the Defendant had the intention to commit murder, is erroneous in the misapprehension of facts. 2) The sentence of imprisonment (13 years of imprisonment, etc.) imposed by the court below against the Defendant is too unreasonable.
B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.
2. Determination
A. In a case where the defendant denies the intention, which is a subjective element of the constituent elements of the crime, the criminal intent itself cannot be objectively proved, and thus, it is inevitable to prove it by means of proving indirect or circumstantial facts related to the criminal intent in light of the nature of the object.
At this time, what constitutes an indirect or circumstantial fact should be determined by a reasonable method of determining the link of facts with a thorough observation or analysis based on normal empirical rule.
On the other hand, the willful negligence, unlike gross negligence, should be aware of the possibility of occurrence of a crime, and furthermore, the intention of internal deliberation to allow the risk of crime.
Whether an actor has accepted the possibility of criminal facts or not shall be determined from the standpoint of the actor, taking into account how the general public can assess the possibility of criminal facts, based on the specific circumstances, such as the form of the act and the situation of the act that was externally revealed without depending on the statement of the actor.