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Defendant
In addition, the appeal by the person who requested the attachment order is dismissed.
Reasons
1. Summary of grounds for appeal;
A. Inasmuch as the Defendant and the respondent for an attachment order (hereinafter “Defendant”) entered the victim B’s house and entered the victim B’s house for the first five minutes, the victim’s face was tightly pushed up five times, and there is no causal link between the death of the said victim and the assault of the Defendant.
There was no intention to murder against the defendant.
B. The lower court’s imprisonment with prison labor is too unreasonable.
2. Determination
A. Regarding the assertion of misunderstanding the facts, the criminal intent of murder is not necessarily deemed to have the intention of murdering or planned murdering. It is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also conclusive. In a case where the defendant asserts that there was no criminal intent of murder at the time of committing the crime, and only there was only the criminal intent of bodily injury or assault, the issue of whether the defendant had the criminal intent of murder at the time of committing the crime shall 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, type and use of the prepared deadly weapon, the part and repetition of the attack, and the possibility of causing the death result.
(2) As to the Defendant’s assertion, the Defendant asserted the same purport in the lower court, but the lower court recognized the Defendant as guilty of the charge of murdering the Defendant, by comprehensively taking account of the evidence duly admitted and investigated, and rejected the Defendant’s allegation on the grounds that detailed reasons, such as the following, in the part on “Judgment on the Defendant’s argument”, the lower court rejected the Defendant’s assertion on the grounds that the Defendant was guilty.
(1) The court shall make a statement in determining the credibility of the victim's statement supporting the facts charged.