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一、问题导入本文缘起于引起巨大争议的李昌奎故意杀人、强奸案。对于此案的案情,没有必要赘述,但值得注意的是,对于同样的案件事实,不同法院却有着不同的认定,一波三折。2010年7月15日,本案一审法院云南省昭通市中级人民法院认为:被告人李昌奎所犯故意杀人罪,犯罪手段特别残忍,情节特别恶劣,后果特别严重,其罪行特别严重,社会危害极大,应依法严惩,虽李昌奎有自首情节,但依法不足以对其从轻处罚。[1]
First, the problem introduced This article originated in the controversy caused by Li Changkui intentional murder, rape. There is no need to repeat the merits of this case, but it is worth noting that different courts have different opinions on the same facts of the case. On July 15, 2010, the Intermediate People’s Court of Zhaotong City, Yunnan Province, the court of the first instance held that: The defendant Li Changkui committed the crime of intentional homicide and his criminal means were particularly cruel and the circumstances were particularly serious. The crimes were particularly serious and the society was greatly endangered , Should be severely punished according to law, although Li Changkui voluntarily surrendered, but according to the law is not sufficient to be lenient punishment. [1]