beta
Text
Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. Defendant 1) In other words, Defendant 1 did not intend to murder the victim because the Defendant had met to make a compromise with the victim, and the Defendant again became a vision and became a knife with a knife.
2) The sentence of the lower court’s sentence against an unfair defendant in sentencing (three years of suspended sentence in two and half years of imprisonment) is too unreasonable.
B. The sentence imposed by the lower court on the Defendant by the Prosecutor is too unhued and unreasonable.
2. Determination
A. 1) As to the Defendant’s assertion of misunderstanding of the facts or legal principles, the intent of murder in the judgment of the court below does not necessarily require the intention of murder or planned murder, and it is sufficient to recognize or anticipate the possibility or risk of causing the death of another person due to his own act, and its recognition or prediction is not only conclusive but also not only conclusive but also so-called willful negligence.
In the event that the Defendant did not have the intent to commit murder at the time of committing the crime, and only there was only the criminal intent to commit murder at the time of committing the crime, whether or not the Defendant had the intent to commit the crime ought to be determined by comprehensively taking account of the objective circumstances before and after the crime, including the background leading up to the crime, motive for the crime, the type of used weapon prepared, the nature and repetition of the attack, the possibility of the occurrence of the result of the death, etc. (see Supreme Court Decision 2006Do734, Apr. 14, 2006, etc.). The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the mountain knive blade used for the crime of this case, the total length of 23 cm and 10 cm length, which are dangerous weapons that can injure the person by the method of use, ② the Defendant prepared for the crime of this case, such as arrest and delivery, and ③ the dangerous weapons that are used in advance.