(영문) 대전고등법원 2017.11.10 2017노379 | 리걸엔진

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Reasons

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자간(%)

(영문) 대전고등법원 2017.11.10 2017노379

살인미수등

Text

Defendant

In addition, the appeal filed by the person who requested the medical care and custody is dismissed.

Reasons

1. The part of the defendant case

A. The summary of the grounds for appeal 1) The defendant and the person who was under the custody of the defendant as well as the person who was under the custody of the defendant; hereinafter referred to as "defendants").

The only knife knife knife knife knife knife knife knife knife.

If the victim had the intention to kill, it is hard to say that the victim has reached knife, not face, so far.

There was no particular motive for murdering the victim.

According to this, the defendant is not guilty because he did not have the intention of murder.

2) The sentencing of the lower court’s unfair sentencing (five years of suspended sentence for three years of imprisonment) is too unreasonable.

B. 1) As to the assertion of misunderstanding of facts, the intent of murder in the crime of murder does not necessarily require the intention of murdering or planned murder. It is sufficient to recognize or anticipate 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 doluence intent. Whether there was a criminal intent of murder at the time of the crime is determined by comprehensively taking account of the following circumstances, etc.: (a) the background leading up to the crime; (b) the motive leading up to the crime; (c) the motive leading up to the crime; (d) the type of deadly weapons prepared for the crime; (e) the seriousness and repetition of the attack; and (e) the likelihood of causing death (see Supreme Court Decision 2008Do9867, Feb. 26, 2009).

① The Defendant’s assertion that the victim’s face immediately reaches a knife with a knife while carrying the knife at home, and that the victim was fnife and tried to flee at the scene is difficult to believe it as it is.

② The victim is length leading to the part on the left side of the crime of this case, which leads to the part on the left side of the case.

참조판례

-대법원 2009. 2. 26. 선고 2008도9867 판결

유사 판례

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-대구고등법원 2014.11.27 2014노510

-대전고등법원 2017.02.08 2016노362

-대구고등법원 2018.04.12 2018노41

-서울고등법원 2021.04.23 2020노1854