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(영문) 대전고등법원 2015.04.10 2014노473
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant's appeal is dismissed.

Reasons

Judgment on the Grounds for Appeal

A. 1) The criminal intent of murder is not necessarily acknowledged to have the intention of murder or planned murder for the purpose of murder, and it is sufficient to recognize or have the possibility of causing death of another person due to one's own act, and its recognition or predictability is not definite, but it is so-called willful negligence even if it is uncertain. In a case where the defendant asserts that there was no criminal intent of murder or assault at the time of the crime, and only there was only the criminal intent of murder at the time of the crime, the issue of whether the defendant had the criminal intent of murder should be determined by considering the objective circumstances before and after the crime, such as the circumstance leading up to the crime, motive, existence and type of the prepared deadly weapon, part of the crime, attack and repetition of the crime, possibility of death, etc.

(B) Examining the reasoning of the lower judgment in light of the aforementioned legal doctrine, the lower court rejected the Defendant and the defense counsel’s assertion that the Defendant did not have the intent to murder, on the ground that, in light of the circumstances as indicated in its reasoning and acknowledged by comprehensively taking account of the evidence presented in its holding, the Defendant did not actively desire or have definitely predicted the result of the death of the victims, but at least it should be deemed as having known or predicted the possibility or risk of causing the death of the victims at least by his own act, on the ground that he did not have the intent to murder, even if he did not have such intent or risk. (C) We affirm the lower court’s determination by comparing the record with the record.

The judgment of the court below shall be made by the defendant or defense counsel as alleged in the grounds for appeal.

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