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Reasons
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(영문) 대전지방법원 서산지원 2015.04.23 2015고합5
살인
Text

A defendant shall be punished by imprisonment for eight years.

excessive one sheet (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

Around 09:20 on January 2, 2015, the Defendant and the victim E (the victim, according to the records of the age of 53) (the victim is 53 years old at the time of committing the instant crime, and the victim’s 54 years old as stated in the indictment is clear that the “53 years old” as stated in the indictment is a clerical error in the “53 years old.” The correction is made) discussed each other as a matter of drinking and drinking with the victim living together in the living place where the victim living without any particular occupation and living without the usual victim. The victim’s “the end of the frith, the frith, the frith, the frith, the end of the frith. The frith, the frith, the end of the frith, the end of the frith) in the frith and the frith, thereby threatening the victim with the frith hand.

Accordingly, the defendant who is the victim " kn, knife knife knife knife knife knife knife knife knife knif

As a result, the Defendant killed the victim due to the left-hand chest injury.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Legal statement of witness F;

1. Protocol of the police statement concerning G;

1. The police seizure record and the list of seizure;

1. Statement of police inspection, crime reproduction photograph;

1. A death certificate, a report on investigation (the opinion of the autopsy of the Daejeon Scientific and Investigation Research Institute), and an appraiser;

1. Application of statutes on site photographs;

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. As to the assertion that there was no intention to murder, the defendant and his defense counsel asserted that the defendant had a knife with the victim, or that the defendant had no intention to murder.

The criminal intent of murder is not necessarily considered to have the intention of murder or planned murder, but it is possible to cause the result of death of another person due to his own act.

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