(영문) 서울고등법원 2021.01.14 2020노1647 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울고등법원 2021.01.14 2020노1647

살인

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. At the time of the instant case claiming misunderstanding of facts, the Defendant had no intention to murder, and only had the intention to murder.

Therefore, only the defendant is responsible for the crime of bodily injury.

B. The victim of political party defense or excessive defense has first placed knife on the defendant, and the defendant continued to have a knife on the victim's left hand even though knife knife on the victim's knife, and the defendant attacked the victim to defend his own life or body.

Therefore, the defendant's act constitutes a legitimate defense or excessive defense.

(c)

The punishment of the court below (15 years of imprisonment) is too unreasonable.

2. Determination

A. The criminal intent of murdering as to the assertion of misunderstanding of facts is not necessarily deemed to have the purpose of murder or the intention of planned murder, and there is a criminal intent if he/she knew or predicted the possibility or risk of causing death to another person due to his/her own act.

may be filed.

In a case where the Defendant did not have the intent to commit murder at the time of committing the crime, and only was the only intent to commit murder, the issue of whether the Defendant had the intent to commit the crime at the time of committing the crime ought to be determined by comprehensively taking into account all the circumstances before and after committing the crime, including the background leading up to the crime, motive for committing the crime, the type of deadly weapons prepared, the injury and repetition of the attack, the likelihood of the occurrence of the death, etc. (see, e.g., Supreme Court Decisions 2000Do5590, Mar. 9, 2001; 2017Do21254, Mar. 29, 2018). Examining the facts and circumstances found by the evidence duly adopted and investigated by the lower court in light of the aforementioned legal doctrine, the intention to commit the murder was found at the time of the instant case.

full recognition may be accepted.

This part of the defendant's assertion is without merit.

① The Defendant, on the day of committing the instant crime, committed a knife with the victim.

참조판례

-대법원 2001. 3. 9. 선고 2000도5590 판결

유사 판례

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-서울고등법원 2014.04.03 2013노4066

-광주고등법원 2014.05.22 2013노493

-대구고등법원 2020.06.18 2020노62