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(영문) 창원지방법원 2012.11.08 2012고합209
살인
Text

A defendant shall be punished by imprisonment for fifteen years.

Reasons

Punishment of the crime

The Defendant, at around 00:50 on May 31, 2012, had the victim drinked in the middle school E (ma, South and 42 years of age) and E (ma), who had been living in the same area as that of a middle school, had the victim ignored and her trees continuously, and had the victim do so, and had the victim die at low blood shocks from the right side and the left side spbucked in the front side of the said main entrance in order to make a knife telephone communications. On May 31, 2012, the Defendant killed the victim with the knifbbbbbbs and the clothes, one time, and caused the victim to die by a shock shock in the front side of the said main entrance and the left side spack.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Each police protocol of statement against I, J, K, L, and M;

1. Determination as to the Defendant and the defense counsel’s assertion of the autopsy report, major autopsy report, autopsy report, autopsy report and autopsy report

1. The argument that the defendant knife the victim two times in knife, but the victim was knife at the time, showing the same attitude that the defendant and his family members would inflict harm on the defendant and his family, and the defendant was frightened, and did not have an intention to kill the victim in a knife to escape from the victim.

2. In the event that the Defendant did not have the intent to commit murder at the time of the commission of the crime, and only there was only the intent to commit an injury or assault, the determination ought to be made by comprehensively taking account of the objective circumstances before and after the commission of the crime, such as the background leading up to the Defendant’s commission of the crime, motive, type and use of the prepared deadly weapons, the part and repetition of the attack, the likelihood of the occurrence of the consequence of the death, etc.

The following circumstances acknowledged based on each evidence, and ① the defendant shall serve alcohol:

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