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(영문) 대법원 1986. 7. 22. 선고 86도1070 판결
[살인][공1986.9.15.(784),1157]
Main Issues

Examples recognizing the intention of murder

Summary of Judgment

Although it is difficult to kill the victim of a net mal or horse, scam the victim's scam and scam the victim's scam, and scam the 5 to scam the victim's scam, and 6 to scam the victim's scam, scam the victim's personal scam scam, which is cut down into the victim's personal scam, which is next to the victim's scam, and scam back to the victim's scam, it is clear that it constitutes a crime of murder, and that the victim's scam is not a death or a scambris.

[Reference Provisions]

Article 250 of the Criminal Act

Escopics

Defendant

upper and high-ranking persons

Defendant

Defense Counsel

Attorney Lee Jae-chul et al.

Judgment of the lower court

Seoul High Court Decision 86No288 delivered on April 24, 1986

Text

The appeal is dismissed.

The forty-five days of detention days after the appeal shall be included in the original sentence.

Reasons

The grounds of appeal by the defendant and defense counsel are examined together.

1. Reviewing each evidence of the first instance court's reasoning theory maintained by the court below compared to the records, it is sufficient to acknowledge the criminal facts against the defendant in the judgment of the court of first instance, and there is no error of law by misunderstanding facts in violation of the rules of evidence as argued in the process of its acknowledgement, and the defendant alleged that the suspect interrogation protocol prepared by the police and the prosecutor was false confession by threats and advisers, but there is no evidence supporting it in the case of the record, and the suspect interrogation protocol prepared by the judicial police officer is not adopted as evidence of the court below, and the suspect interrogation protocol prepared by the prosecutor is not adopted as evidence of the court below, and it is without merit because the defendant's establishment

2. In light of the facts established by the court below that the Defendant: (a) was able to kill the victim of a liver or horse; (b) was scam down the victim’s scam on the ground; (c) was scam off the victim’s scam by scambling the victim’s scam; and (d) was scamed by 5 to scam the victim’s scam on the ground; and (b) the victim was scamed by scambling the victim’s personal scam, which is next to the victim’s scambling; and (c) the victim was scambling with scambling the victim’s handba, so it is apparent that the Defendant’s so-called crime of murder is not a death or an assault

3. In light of the record, it does not seem that there is a significant reason to recognize that the sentencing of the court below is extremely unfair even in light of the circumstances constituting the sentencing conditions stipulated in Article 51 of the Criminal Act. The arguments are groundless.

4. Therefore, the appeal shall be dismissed. In accordance with Article 57 of the Criminal Act and Article 24 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, 45 days out of the detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Yoon-tae (Presiding Justice)

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