beta
(영문) 의정부지방법원 2016.01.14 2015고합249

살인

Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

The Defendant and the Victim C (43) had known as the post-ray relationship, and lived together with the 3rd floor house located in Soyang-gu, Seoyang-gu D, which was exercising the right of retention from December 2014. The key of the above Ba was only the owner of the house, and the Defendant and the victim did not have the owner, and entered the above Ba above the wall when they were returned to the country late at night.

On July 14, 2015, the Defendant: (a) around 04:40, at the house of 04:40, the Defendant 2015, went to the house of 3rd floor; (b) when the Defendant was unable to open the door due to the Defendant’s not having opened the door; and (c) when the Defendant was living in the kitchen, the Defendant continued to gather a transition (11cm in the blade, 21cm in the total length) that was in the kitchen (21cm in the kitchen) and kept in the kitchen, the Defendant her body sponsed the victim, and her body sponsed the victim by cutting the excessive part of the right part of the victim’s entrance into the floor; and (d) when the victim spacked the victim by taking three times the left part of the road, so that the victim spacked the victim’s right part of the upper part of the road and spacked the victim to the left side of the kitchen due to his scam.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocols of seizure (voluntary submission), list of seized articles, and photographs of seized articles;

1. A corpse inspection report and a body list at the scene of a dead body death;

1. Reporting on the results of field identification, and reporting on the scene identification of murder cases;

1. Report on the results of investigation of a person who has suffered from a change or death, and photographic records;

1. A written appraisal of autopsy;

1. Application of the Acts and subordinate statutes to photographs by capturing CCTVs;

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 250 (1) of the Criminal Act for the choice of criminal facts;

1. The scope of applicable sentences: Imprisonment for not less than five years nor more than thirty years;

2. Application of the sentencing criteria [Scope of the recommended punishment] homicides in Class 2 (Murder while Ordinary homicide) (3 years to 6 years), the area of special mitigation (3 years to 12 years), the occurrence of victims (a person subject to special mitigation), and the self-denunciation;

3. Determination of sentence: Imprisonment with prison labor for the criminal defendant for seven years;