(영문) 서울고등법원 2017.04.28 2016노3495 | 리걸엔진

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Reasons

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크기(pt)

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자간(%)

(영문) 서울고등법원 2017.04.28 2016노3495

살인등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) At the time of the hearing failure and misunderstanding of facts (the homicide No. 2 as indicated in the judgment of the court below), the Defendant committed a contingent crime with only the intention of assault and bodily injury as it was impossible to suppress the pure interest in the state of his taking-out, and there was no intention to murder the victim.

Nevertheless, without examining a number of favorable circumstances for the Defendant, the lower court found the Defendant guilty of the charge of murder of this case by citing only a part of the circumstances and finding the Defendant guilty of the charge of murder of this case.

2) At the time of committing the instant crime, the Defendant was suffering from ordinary alcohol alcohol, and was physically and mentally weak due to influence of alcohol at the time of committing the instant crime.

3) The sentence of the lower court’s unfair sentencing (12 years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (12 years of imprisonment) is too unhued and unfair.

2. Determination

A. As to the Defendant’s assertion of misunderstanding the facts, the intent of murder in the relevant legal doctrine is not necessarily deemed to have the intention of murder or planned murder. It is sufficient to recognize or anticipate the possibility or risk of the death of another person due to his own act, and its recognition or prediction is not only conclusive but also conclusive. In a case where the Defendant contests that there was no criminal intent of murder at the time of committing the crime, and only the Defendant was only the criminal intent of murder or assault, whether there was a criminal intent of murder at the time of committing the crime should be determined by taking into account the objective circumstances before and after committing the crime, such as the background leading up to the crime, motive, motive for committing the crime, the existence and repetition of the prepared deadly weapon, the part and repetition of the attack, the possibility of the occurrence of death, etc. (Supreme Court Decision 2008Do9867, Feb. 26, 2009; Supreme Court Decision 9867, Feb. 26, 2009>

유사 판례

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