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一、引言:案情梳理与问题的提出仔细研读德国波恩州法院关于一起故意杀人未遂案的判决书~([1]),我们可以发现“动机”一词数次出现,贯穿判决书全文。笔者梳理后并用加粗斜体标注如下。在犯罪动机的确认上,判决书认为:“……关于犯行的动机,他表示自己只想伤害男证人。为了确保只造成伤害,他仅仅刺了男证人的肩部。雅克(Jack)使他的家庭遭受的东西,使这一处理变得正当。在他的儿子或者他的女友受到损害之前,雅克就应该遭殃。……讯问到他的动机时,他说自己想伤害男证人斯旺革卡尔帕(Swangkalpa),使他进医院。然后,他(被告人)想平静地与女证人萨尔茨(Salz)交谈。……~([2])”
I. INTRODUCTION: COLLECTION OF THE CASE AND PROBLEMS Carefully studying the verdict of a court in Bonn State in Germany on a case of attempted murder ([1]), we find that the word “motivation” appears several times throughout the sentence. After combing the author and bold italics as follows. On the verdict of the motive of the crime, the verdict states: "... on the motive of his deed, he stated that he only wanted to harm the male witness, and to ensure that only the damage was done, he merely stabbed the shoulders of the male witnesses. Jack brought him Jacques deserves to suffer before his son or his girlfriend is harmed ... When questioned about his motives, he said he wanted to hurt the male witness Swange Swangkalpa, brought him in. Then he (the accused) wanted to calmly talk to the female witness Salz .... (2)