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(영문) 창원지방법원 2017.05.11 2017고합7
살인
Text

A defendant shall be punished by imprisonment for ten years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On January 2, 2017, the Defendant returned home under the influence of alcohol in the Defendant’s residence located in Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, and is doubtful that the Defendant’s wife E (here, 58 years of age) was out of the country, and is doubtful that the Defendant’s wife of the Defendant’s wife E (here, 58 years of age) was in a dispute with the victim, and why the victim was “I would like to cause her failure in the business.”

D. D. L. L. L. L. L. L. L.’s house used a kitchen k’s knife (30 cm in total length, 18 cm in length) which is placed on the kitchen room in order to kill the victim, and the victim living in the room k’s knife k. L. L. L. L.’s knife k’s left hand of the victim, k. L. L. L.’s left part of the victim’s knife k., k.e., k., k., k.s.).

Accordingly, the defendant murdered the victim due to excessive blood transfusions caused by his own son's own shot on the left side after the death of the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect against each part of the defendant by the prosecution;

1. A protocol of seizure and a list of seizure;

1. A report on internal investigation (in cases of on-site dispatch report), internal investigation report (in cases of attaching a photo to the table of 112 report), investigation report (in cases of attaching the table of 112 report), investigation report (in cases of attaching a copy of a certificate of medical records of a university hospital at Changwon), investigation report (in cases of attaching a photo of a suspect, on-site photo, and a photo of a victim), accompanying documents, and fact-finding survey report;

1. Application of Acts and subordinate statutes to a report on the place of emergency medical services activities and the result of an inspection of remains unchanged;

1. Article 250 (1) of the Criminal Act applicable to the relevant criminal facts and Article 250 of the choice of punishment;

1. As to the assertion of the defendant and his defense counsel under Article 48(1)1 of the Criminal Act;

1. Summary of the assertion

A. At the time of committing the instant crime, the Defendant was only willing to injure the victimized person, but did not intend to murder.

B. The Defendant was under the influence of alcohol at the time of committing the instant crime, and was physically and mentally deprived or physically weak.

2. Determination

A. Determination as to the non-existence of the intention of murder 1) The intent of murder is essential.

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