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(영문) 대전고등법원 2014.11.14 2014노414
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant had no intention to kill the victim.

B. The Defendant with mental disorder was under the influence of alcohol at the time of committing the instant crime, and was in a state that the Defendant lacks the ability to discern things or make decisions.

C. The lower court’s sentencing (12 years of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. (1) In full view of the following circumstances acknowledged by the evidence of the judgment, the court below rejected this part of the Defendant’s assertion on the assertion of mistake of facts, on the ground that it is reasonable to view that the Defendant, at the time of committing the instant crime, fully recognizes the possibility or risk of the death of the victim due to the negligence or his own act, and accepted it. Therefore, it is sufficiently recognized that the Defendant’s intent of murder can be sufficiently recognized.

① The Defendant returned to knife the knife with the knife, and returned to knife with the knife, and then deducted the knife from the knife before man, again knife the knife of the knife, knife the knife of the knife, again knife the knife of the knife, and demanded the knife to return the knife after the knife to E.

② The Defendant’s above actions led to the occurrence of a 10cc-scept of a knives of a knives of a knives of a knives of a knives of a knives of a knives of a knives of a knives of a knives of a knives of a knives of a knives of a knives of a knives

③ If a knife knife knife knife knife knife, it would normally result in death due to serious blood transfusion and internal injury.

dr.

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