logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 충주지원 2016.09.01 2016고합19
살인
Text

A defendant shall be punished by imprisonment for fifteen years.

Reasons

Punishment of the crime

At around 17:40 on April 10, 2016, the Defendant was a foreigner of Chinese nationality, and the victim E (5 years of age, nationality: the People's Republic of China) was in the residence of the victim E (5 years of age, : the People's Republic of China) with voice group D 107 on a monetary issue with the victim, and died of the victim's neck by strokeing the victim's hand on the part of the vessel of the victim.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to on-site photographs (the Nos. 4, 9, 10, 14 of the evidence list), body autopsy reports, and autopsy and appraisal reports;

1. Determination on the assertion of the Defendant and the defense counsel under Article 250(1) of the Criminal Act and Article 250 of the Criminal Act regarding criminal facts

1. The gist of the allegation is that the victim first attacked the defendant in a knife, and the defendant's act constitutes self-defense even though the victim's act was committed in the course of taking the knife by one hand to defend the defendant's life from the attack by the victim and taking another hand, and the victim's act constitutes self-defense and exceeded the degree of such defense.

2. In light of the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the court, the Defendant’s act cannot be deemed as an act to defend himself/herself in the context of an attack from the victim, and constitutes an excessive self-defense or an excessive defense exceeding the extent of such act.

① The Defendant asserted that the victim had knife knife by knife, knife, etc., knife one’s knife one’s knife one’s knife one’s knife one’s knife one’s knife one’s knife one’s knife.

However, it is not clear that the defendant suffered the above circumstances, and the defendant is above the defendant.

arrow