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(영문) 서울북부지방법원 2014.01.24 2013고합314

살인

Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

2.1.0 per cent in length, 12 cent in length, 23 cent in total length, (No. 1).

Reasons

Punishment of the crime

The defendant is a legal couple after reporting marriage around the victim C(56 years of age) and November 201.

The defendant was satisfy with the reason that the victim is suspected and disregarded of himself.

On October 22, 2013, at around 21:55, the Defendant reported the victims who want to go out of a marital fighting in front of the dwelling entrance of the Defendant under the building D, and died of the victim at around 22:12m in front of the front line of the building D in the middle-gu Seoul Metropolitan Government, with a deadly weapon (12mm in the front line). The Defendant saw the victim as a deadly weapon (12m in the front line of the said victim), followed the victim, etc., by the victim, and her escape, she saws the victim, etc. at once, and continuously took a part in the front line of the building and head, followed the victim, etc., leading the victim to the death of the victim, taking the victim’s hair and head from the front line, and died of the body and head, etc. at around 22:12m in front of the dispatch to the hospital after being on the front line of the 119 emergency squad.

Accordingly, the defendant murdered the above victim with a knife as a deadly weapon.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Each police statement related to F, E, and G;

1. Each protocol of seizure and each list of seizure;

1. The application of Acts and subordinate statutes to investigation reports (field photographs), investigation reports (field identification reports (15), gene identification reports, requests for gene appraisal, requests for verification, reports on and suggestions for autopsy of a change dead person, requests for reports on and direction of autopsy of a dead person, requests for verification of a dead body, instructions for reports on the occurrence of a change dead case, certificates of verification, certificates of verification (the remaining part excluding the part concerning the statement of the 135 participant and the remaining part excluding the 140 pages), reports on investigation (Investigation of the clothes seized by the victim), reports on investigation (H counterpart investigation by the prosecutor), written expert examination and written request for appraisal;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 250 (1) of the Criminal Act selecting a penalty;

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

1. The assertion of the intentional denial of murder and the determination thereof.