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(영문) 청주지방법원 2017.10.27 2017고합219
살인
Text

The defendant shall be innocent.

Reasons

1. The summary of the facts charged is the parent of the victim D(E).

From July 27, 2017, the Defendant: (a) from around 11:56 to around 2017, the Defendant was able to take advantage of mobile game by putting the victim and the victim in the living room G, a pair of 404, both sides, on the floor of the living room; (b) around 12:57 of the same day, the Defendant reported the victim to her name ice, and her ice was scambling to the scam for a large scam, instead of her sound, and was unable to stop the victim’s entry and nose by her scambly, so as to prevent the victim from leaving the scambling with the two arms and the two legs, and led the victim to the death of the victim at around 13:5,00 on the following day of the death of the victim at around 14:30 pambath of the same day, and the victim at around 15:30 pamath of the death.

Accordingly, the defendant murdered the victim who is a child.

2. Determination

A. Legal doctrine 1) In the crime of murder, the intent of murder does not necessarily require the purpose of murder or the planned intention 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 even if it is uncertain. In a case where the defendant asserts that there was no criminal intent of murder at the time of the crime, and only there was only the criminal intent of murder or assault, the issue of whether the defendant was guilty of murder shall be determined by taking into account the objective circumstances before and after the crime, such as the background leading up to the crime, motive, existence of the crime, type and method of the prepared deadly weapon, the part and repetition of the attack, and the possibility of the occurrence of the death.

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