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A defendant shall be punished by imprisonment for five years.
A seized knife (No. 4) shall be confiscated.
Reasons
Punishment of the crime
On June 9, 2012, around 05:40 on June 05, 2012, the Defendant: (a) at the house of a female-friendly job offers victim C 301 in Gwanak-gu in Seoul Special Metropolitan City (at the age of 21), and divided into talks about suicide with the victim, and (b) had the victim drinked first, and had the victim, who died at the moment, and the Defendant had the mind to die, and to die as well; and (c) had the knife knife (at the total length of approximately 34 cm, approximately 21 cm) on the part of the knife on the part of the knife knife knife knife knife knife knife knife knif k
Summary of Evidence
1. Defendant's legal statement;
1. The police statement of E and F;
1. The list of seizure, report on occurrence, detailed statement of processing 12 reported cases, investigation report (as to accompanying photographs, etc., which are attached thereto), and documents attached thereto, investigation report (as to defendant's house access and CCTV removal CCTV photographs) and documents attached thereto, records of seizure, investigation report, opinion opinion, and investigation report (as to the confirmation of the state of victim, etc.);
1. Application of Acts and subordinate statutes to photographs of seized articles on the long-term surface, where the suspect runs blades;
1. Relevant provisions of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the crime;
1. The knife (Evidence No. 4) used to commit the instant crime under Article 48(1)1 of the Confiscation Criminal Act was originally owned by the victim. However, on June 12, 2012, the victim submitted to an investigation agency a written waiver of ownership to the knife (Evidence No. 4).
(Investigative Records 114), Defendant and defense counsel’s assertion and determination
1. The defendant and his defense counsel asserted that the defendant was in a state of mental disability due to mental disorder at the time of committing the crime of this case
Although the defense counsel withdrawn the above claim of mental disability, the defendant argued to the effect that he did not have the spirit of committing the crime of this case while submitting a rebuttal to the full bench.
2. Examination of judgment, as provided in Article 10 of the Criminal Act.