Whether "B" is intended to kill "B" in cases where the total ammunition launched for the purpose of killing "A" is charged to "B" and "B" dies.

As long as a gun was launched for the purpose of killing “A”, there is intention to murder “B” in the event that “B” dies because it is serious to “B” who has not been aimed at it.

Defendant

Attorney (Korean, P.C.)

The Army, High Military Court Decision 74 High Military Branch Decision 657 delivered on December 13, 1974

The appeal is dismissed.

One hundred days from among the days of detention pending trial after the appeal shall be included in the principal sentence.

The defense counsel and the defendant's grounds of appeal are examined.

In light of the record, it cannot be deemed that there is an illegality in the judgment of the court below that did not recognize the defendant's mental and physical disorder, and there is a mistake in the facts in the original judgment by denying the facts, and the argument that the amount of punishment in the original judgment is excessive is not a legitimate ground for appeal since it does not fall under the grounds prescribed in Article 432 of the Military Court Act, and therefore, once the total amount was launched for the purpose of killing another person, it shall not be justified and even if the result of death was serious, it shall not be dismissed even if it was done for the purpose of killing another person, as the judgment of the court below is recognized, even if the total amount launched by the defendant for the purpose of killing the non-indicted 1, as shown in the judgment of the court below, was signed by the defendant against the non-indicted 2 in the case where the non-indicted 2 was dead, and thus, the crime of murder against the defendant against the non-indicted 2 is established.

Therefore, the appeal is dismissed, and it is so decided as per Disposition by the assent of all participating Justices on the bench, by applying Article 57 of the Criminal Act.

Justices Seo-gu et al. (Presiding Justice)