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Main Issues
The meaning of the crime of murder
Summary of Judgment
The criminal intent in the crime of murder is established by recognizing or predicting the possibility or risk of causing another person's life by his own act at the time of the act, and furthermore, it is not established only when the actor passed a prior resolution of murder. Thus, it is deemed that the perpetrator, who was punched in the flat, runs away from the victim and runs away from the victim, and runs away from the victim at the time of the act, and the knife knife knife knife knife knife knife knife knife knife knife knife knife knife k
[Reference Provisions]
Articles 250 and 13 of the Criminal Act
Escopics
Defendant
upper and high-ranking persons
Defendant
Defense Counsel
Attorney Kim Sang-sung
Judgment of the lower court
Seoul High Court Decision 85No3627 delivered on March 5, 1986
Text
The appeal is dismissed.
The number of detention days after the appeal shall be included in the calculation of the original sentence.
Reasons
The defendant's defense counsel's grounds of appeal are examined.
The criminal intent in the crime of murder is established when the actor knows or anticipates the possibility or risk of causing another person's life by his act at the time of the act, and further it is not established only when the actor makes a prior resolution of murder.
As the judgment of the court of first instance affirmed by the court below, it is sufficient to view that the defendant's act at the time of such act is likely or likely to cause the result of the victim's life, and that there is a danger of the victim's act. Thus, the judgment of the court of first instance and the judgment of the court of first instance which recognized that the defendant had a criminal intention of murder is just, and it cannot be deemed that the so-called crime of murder was committed by the defendant, such as the theory of the lawsuit, because the defendant's act was caused by a sudden scambling portion, or that the defendant did not have a prior resolution to kill the victim.
Therefore, the appeal is dismissed without appeal, and part of the detention days after the appeal is included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.
Justices Lee B-soo (Presiding Justice)