Cases recognized as having the intent to commit murder even if it is a contingent crime;

In a case where a Kameral horse with a diameter of 70 centimeters and a diameter of 5 centimeters dies in the form of injury, such as a Hameral bomb, etc., if the Kameral horse with a diameter of 70 centimeters and 5 centimeters is fluoral, and the head of the victim was fluoral at one time, and the head of the victim was 10 centimeters in length, 10 centimeters in width, 5 centimeters in diameter and 16 centimeters in length, 9 centimeters in diameter and 7 centimeters in diameter in diameter, and 2 centimeters in length in width when 2 times heads are fluoral, etc., even if the above crime was contingent, it is reasonable to deem that there was a criminal intent of murder as a crime of homicide.

Article 250 of the Criminal Act

Defendant

Defendant

Attorney Kim Kim-chul

Daegu High Court Decision 86No853 delivered on August 27, 1986

The appeal is dismissed.

The thirty-five days of detention days after the appeal shall be included in the original sentence.

The grounds of appeal by the defendant and his defense counsel are also examined.

1. In full view of each evidence in the reasoning of the judgment of the court of first instance maintained by the court below, it is sufficient to recognize the facts constituting the crime of the court of first instance, and there is no error of law that misleads the facts against the rules of evidence, such as the theory of lawsuit, in the judgment below.

2. In a case where the defendant gets dead in his job due to an injury such as 70 centimeters in length and 5 centimeters in diameter by putting the horses of the victim in knife the head and left-hand part of the victim's head and 10 centimeters in width, 5 centimeters in diameter and 16 centimeters in length and 16 centimeters in length, 9 centimeters in diameter and 2 centimeters in width, and 7 centimeters in width and 7 centimeters in width and in a case where the defendant died in her job due to an injury such as a brue to the right-hand government by putting the victim's head and left-hand part of the victim's head and left-hand part on hand, it is reasonable to view that there was a criminal intent of murder by recognizing the occurrence of the result of murder even if the crime was contingent, and as a result, it is not limited to the criminal intent of an aggravated aggravated crime.

3. Therefore, the appeal shall be dismissed, and part of the detention days after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating judges.

Justices Yoon Yoon-tae (Presiding Justice)