(영문) 대전고등법원 2015.04.17 2014노405 (1)

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전고등법원 2015.04.17 2014노405 (1)

살인미수등

Text

Defendant

In addition, the appeal by the person who requested the attachment order is dismissed.

Reasons

1. Determination on the defendant's case

A. 1) Whether there was a criminal intent to commit murder (as to the crime of homicide), the criminal intent of murder is not necessarily deemed to have the intention to commit murder or to have planned murder. It is sufficient to recognize or have the possibility or risk of causing another person's death due to one's own act, and its recognition or prediction is not only conclusive but also conclusive, so-called willful negligence. In a case where the defendant asserts that there was no criminal intent of murder at the time of committing the crime and only was only the criminal intent of bodily injury or assault, the issue of whether the defendant had the criminal intent to commit murder at the time of committing the crime shall be determined by comprehensively taking into account the objective circumstances before and after committing the crime, such as the background leading up to committing the crime, motive, type and method of the crime, parts and repetition of the prepared deadly weapons, the possibility of causing death, etc.

(B) The lower court recognized the following circumstances based on the evidence as indicated in its holding and, in light of such recognition, the Defendant and the person against whom the attachment order was requested (hereinafter “Defendant”).

Since at least it appears that at the time of committing the instant crime, at least the victim could have sufficiently known or predicted the death, the Defendant and the defense counsel did not accept the allegation that there was the intention of murder.

① The Defendant and the Defendant’s day Ha were fl with a shoulder in front of the speech house, and was flicked against A and the victim I, and was flicked against A and the victim I, and the Defendant flicked with a flicker from A, and flicked a wooden bar near the scene of the crime and flicked around the scene of the crime.

② The head of a person shall be one meter in length, 7 cm in thickness, and 26 cm in length.

참조판례

-대법원 2009. 2. 26. 선고 2008도9867 판결

유사 판례

-대전고등법원 2015.03.20 2014노405

-서울고등법원 2013.05.02 2013노595

-서울고등법원 2013.06.13 2013노371

-대전고등법원 2015.05.08 2014노547

-대전고등법원 2014.04.11 2014노40