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(영문) 대구지방법원 2006.3.22.선고 2005고합548 판결

살인

Cases

205Gohap5 Gohap548 homicide

Defendant

A

Imposition of Judgment

may 22, 2006

Text

A defendant shall be punished by imprisonment with prison labor for up to 15 years. The number of days under confinement prior to the imposition of such sentence shall be included in the above sentence. One knife (Attachment List No. 1) seized shall be confiscated.

Reasons

Criminal History Office

The defendant living together with the victim B (the age of 43) for about one year and four months in Daegu, and frequently raps the relationship between the victim and women, and "I am swel with the aged and swel with the victim sweld, sweld, sweld, sweld with the victim sweld, sweld, sweld, sweld, sweld, sweld with the victim sweld, sweld with the victim at the above residence on September 28, 2005, and sweld with the victim sweld, sweld with the victim sweld with his desire to sweld, sweld with the victim, and sweld with the victim sweld with his knif, sweld with the victim, and sweld with sweld with the victim."

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Statement made by A at this Court by the witnesses of the court; 1. Statement made by A and B prepared by the assistant judicial police officer of the court;

1. Among the records of seizure prepared by the assistant judicial police officer, a statement to the effect that one knife, one knife as indicated in the judgment, and a woman's appearance into which a trace of the victim's blood has been seized from the defendant;

1. Entry of inspection records prepared by senior judicial police officers;

1. A report on the investigation of attaching photographs of a suspect injured by the judicial police assistant, a report on the attachment of a body of a suspect, a report on the investigation of attaching an on-site photographing, a report on the investigation of attaching a body of a suspect, a report on the investigation of attaching a body of a suspect, and a report on the investigation of attaching a body of a corpse

1. Each description of the explanatory note dated November 2, 2005 and the explanatory note dated November 10, 2005 (Additional reply for Expert Opinion);

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 250(1) of the Criminal Act (Appointment of Imprisonment for Imprisonment)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;

Judgment on the defense counsel's assertion under Article 48 (1) 1 of the Criminal Act

1. Summary of the assertion;

In the event that the defendant who was suffering from a normal mental disease was abused by verbal abuse and assault from the victim, which led to the aggravation of the symptoms, he dump immediately before committing the crime, dump was dye by mixing the gal stability system, so at the time of committing the crime, the defendant was in an abnormal mental state corresponding to the mental disorder.

2. Determination

According to the records, the Defendant complained of a variety of physical malfunctions from around the beginning of the 30th century, and this seems to have experienced chronic depression, interest polarization, etc. However, according to the notice of the result of mental appraisal submitted to this court, the sporacing phenomenon of the Defendant’s appeal is different from symptoms shown in mental symptoms, and such a sporacing phenomenon is not directly related to the instant crime. In full view of the following circumstances and the circumstances before and after the instant crime, it does not appear that the Defendant did not have the ability or decision-making ability to discern things due to the defense counsel’s assertion at the time of the crime. In other words, the Defendant has experience of mixing with the 1st century and the neutic stability system for his own sake. (2) The Defendant justified his own crime with relatively consistent content < Amended by Act No. 10 kilometers from the place where the Defendant was driving his own car at night after committing the crime.

Therefore, the defense counsel's above assertion is not accepted.

The reason for sentencing is that the defendant was suffering from violence and verbal abuse that cannot be continuously taken from the victim before committing the crime, such as murdering knife knife knife and cut off the victim's sexual organ so that his bereaved family has a sense of unfasible shame other than the pain caused by death, keep the knife in a conspicuous place, let the victim drink the knife, etc. before committing the crime ( even according to the statement of the defendant, until the time when the victim knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife).

Judges

The presiding judge, judge and assistant judge;

Judge Kim Gung-hun

Judge semi-Decree