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(영문) 대전지방법원 공주지원 2013.11.20 2013고합41
살인
Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On November 6, 2008, the Defendant had been aware of the inhumanity relationship between neighboring victim C(71) and his wife. For this reason, the Defendant inflicted an injury on the victim with a small knife on November 6, 2008.

On August 26, 2013, the Defendant: (a) sought from the victim, who was under the influence of alcohol at D’s home, and found himself, the Defendant collected a knife knife (30 cm in length, 18 cm in the knife length) that was placed on the earth by a knife hand, being towed by a knife, and caused the victim to die at the right side of the victim’s right side of the knife one time from the knife to the knife knife due to waste damage and inter-damage.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each prosecutor's protocol of examination of the accused;

1. Statement of the police statement of E;

1. Records of seizure, the list of seizure, the photographic description thereof;

1. A corpse of corpse;

1. The application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 250 (1) of the Criminal Act selecting a penalty;

1. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. The defendant and his defense counsel asserted that the defendant had no intention to murder, and that the defendant was in a state of mental disorder under the influence of alcohol.

2. Determination

A. The following circumstances revealed by each evidence of the judgment as to the assertion of intent to commit murder, namely, the Defendant, while being towed by the victim, has laid down a knife with a knife at the moment of being towed by the victim, or has laid down a knife with a knife by the victim immediately following the knife of the victim. The knife part of the knife with a body organ, which is likely to cause the death of the institutions essential for the maintenance of life, due to damage.

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