(영문) 부산고등법원 (창원) 2019.07.03 2019노148

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(영문) 부산고등법원 (창원) 2019.07.03 2019노148

살인미수

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Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant, at the time of committing the instant crime, misunderstanding of facts (the Defendant) merely displayed a knife knife with the victim in an excessive shape at the time of committing the instant crime, not an intentional act with the intent of murder. This is apparent even in view of the fact that the part of the victim’s bodily injury is behind the body of the victim, and that the Defendant dnife the blood transfusion of the part of the upper body after causing the injury to the

Nevertheless, the court below recognized the defendant's intentional murder and convicted him of the facts charged, and the judgment of the court below is erroneous in misconception of facts.

B. As to the punishment (one year and six months of imprisonment) imposed by the court below on the defendant, the defendant asserts that the defendant is too unreasonable, and the prosecutor asserts that the defendant is too uneasible and unfair.

C. The lower court, which did not confiscate the knife (No. 1) that the Defendant used as the tool for the instant crime, was improper.

2. Determination

A. 1) Determination of the Defendant’s assertion of homicide does not necessarily require the Defendant’s intent of murder or planned murder for the purpose of murder, but 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 predictability is not definite, but it is so-called willful negligence. In a case where the Defendant asserts that there was only no criminal intent of murder or assault at the time of the commission of the crime, and that there was only the criminal intent of murder, whether or not the Defendant had the criminal intent of murder at the time of the commission of the crime should be determined by taking into account the objective circumstances before and after the commission of the crime, such as the background leading up to the commission of the crime, motive for the commission of the crime, the existence and type of the prepared deadly weapon, the part and repetition of the attack, the possibility of the occurrence of death, etc. (Supreme Court Decision 200Da15488, May 23, 200

유사 판례

-대구고등법원 2019.01.16 2018노444

-부산고등법원 2015.07.09 2015노206

-서울고등법원 2015.04.09 2015노83

-대전고등법원 2015.04.10 2014노473

-서울고등법원 2013.05.02 2013노595