logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 (청주) 2014.02.07 2014노9
살인미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant (1) misunderstanding of facts does not have any Myeonk-blades in the part of the Victim K.

(2) The lower court’s sentence (two years and six months of imprisonment, and confiscation) against the Defendant of unreasonable sentencing is too unreasonable.

B. A prosecutor (1) In light of the following: (a) the Defendant, under the influence of alcohol use, was unable to suppress the victim’s labor in a state of mental disorder due to alcohol use; (b) the Defendant, under the influence of alcohol in a state of stimulative disorder; and (c) the kitchen length reaches 19cc in total; and (d) the degree of injury inflicted on the victim, the Defendant is found to have failed to commit murder.

(2) The lower court’s sentence (two years and six months of imprisonment, and confiscation) against the Defendant of unreasonable sentencing is too uneasible and unfair.

2. Determination

A. (1) According to the evidence duly examined and adopted by the court below as to the Defendant’s assertion of mistake of facts by the Defendant and the prosecutor, the Myeonk-blade, which is a dangerous thing under the K, is sufficiently recognized as dancing. Thus, there is no error of mistake of facts as pointed out by the Defendant.

Therefore, the defendant's above assertion is without merit.

(2) The lower court rendered a judgment of innocence on the prosecutor’s assertion of mistake of facts, based on the following reasons after comprehensively taking into account the circumstances acknowledged by the evidence duly examined and adopted by the lower court.

A. The criminal intent of murder does not necessarily require the purpose of murder or the intention of planned murder, but it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act, and its recognition or prediction is not only conclusive but also conclusive, so-called willful negligence is recognized. The defendant did not have the intention of murder at the time of committing the crime.

arrow