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(영문) 부산고등법원 2019.03.21 2018노728
살인
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant had a knife with a knife, he had no intention to murder against the Defendant at the time.

B. At the time of committing the instant crime with mental disorder, the Defendant was in a state of mental disorder or mental disability.

C. The lower court’s sentence of unreasonable sentencing (nine years of imprisonment) is too unreasonable.

2. Determination

A. 1) As to the assertion of mistake of facts, the intent of murder does not necessarily require the intention of murder or planned murder. It is sufficient to recognize or have predicted the possibility or risk of causing death of another person due to one’s own act, and its recognition or prediction is not only conclusive but also so-called dolusent intent. In the event that the defendant asserts that there was only no criminal intent of murder or assault at the time of the crime, and that there was only the criminal intent of murder, whether the defendant was a criminal intent at the time of the crime should be determined by taking into account the objective circumstances before and after the crime, such as the background leading up to the crime, motive, type and method of the crime, degree of attack, and possibility of causing death (see, e.g., Supreme Court Decisions 2006Do734, Apr. 14, 2006; 2006Do7867, Feb. 26, 2009).

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