(영문) 대구지방법원 김천지원 2018.03.13 2017고합98

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(영문) 대구지방법원 김천지원 2018.03.13 2017고합98

살인

Text

The punishment of the accused shall be seven years of imprisonment.

Seized knife knife (No. 1) shall be confiscated.

Reasons

Criminal facts

At around 20:45 on August 15, 2017, the Defendant: (a) sought the Defendant from the Defendant’s house located in the Guro-si apartment and demanded a same sex relationship with the Defendant; (b) demanded the Victim D (59 years old) who was under normal alcohol and demanded the same sex relationship; and (c) made one time time a part of the victim’s head head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her head with his/her own her intention to kill the victim before being taken a retaliation.

(No. 1, approximately 32.5cm in length, approximately 20cm in blades) caused the victim's knife knife to 8 times, and the victim's knife to 21:14 on the same day caused the victim's knife to death by an excessive knife due to the knife knife of the knife.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the interrogation of the accused by the prosecution (two times);

1. Reports of internal investigation (Attachment to the table of 112 Report Processing Cases, Attachment of suspect image photographs), and the table of 112 Report Processing Cases, respective photographs;

1. Investigation report (as to the attachment of a duplicate of the corpse, on-site and identification, photograph of the autopsy report, photograph of the autopsy report, document of evidence No. 1 (blades) attached, photograph of the victim, photograph of the suspect's body related to autopsy, document of the suspect's on-site inspection attached), and body autopsy report, each field and body autopsy, photograph of the autopsy report, photograph of the autopsy report, preliminary autopsy report, and photo of each on-site inspection;

1. Request for an on-site fingerprint appraisal and reply;

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

1. Application of Acts and subordinate statutes to written autopsy and appraisal;

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

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

1. Existence of intent to murder;

A. The gist of the assertion was that the Defendant had no intention to kill the victim at the time of committing the instant crime.

B. 1) In determining the crime of murder, murder intention is for the purpose of murder or planned murder.

참조조문

-형법 제48조 제1항 제1호

-형법 제250조 제1항

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