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(영문) 서울고등법원 2015.09.17 2015노1316
살인
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) In the event that there was no intention to commit murder, the first instance court recognized it and judged the Defendant guilty of murder as stated in its judgment, thereby adversely affecting the conclusion of the judgment by mistake of facts.

(2) The sentence imposed by the first instance court of unfair sentencing (10 years of imprisonment and confiscation) is too unreasonable.

(b)the sentence sentenced by the first instance court is too unhued and unreasonable;

2. Determination:

A. (1) The first instance court’s judgment on the Defendant’s assertion of mistake of facts is based on the evidence duly adopted and investigated, namely, the following circumstances acknowledged by the Defendant: (i) the Defendant consistently stated in the investigative agency that he would have sought the victim’s intention to kill the victim if the Defendant did not receive the apology from the victim; (ii) the Defendant had prepared the means to commit the instant crime in advance when finding the victim; (iii) the knife used for the instant crime was 17cc in the length of the knife, so that the Defendant could have the victim’s life deducted; and (iv) the Defendant’s knife is a knife part of the victim’s knife that the knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

(2) The intent of this Court’s judgment of murder does not necessarily require the intention of murdering or planned murdering. It is sufficient to recognize or anticipate the possibility or risk of causing another person’s death due to its own act, and its recognition or prediction is not only conclusive but also it is so-called willful negligence.

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