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(영문) 부산지방법원 동부지원 2018.04.24 2017고합278

살인

Text

Defendant shall be punished by imprisonment for not less than two years and six months.

A seized number of hand (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant, as a family heading father, was living together with C, who is the husband in around 2011, and was reported to a police officer in the middle of August 2017, and gave birth to E to the victim of D.

On November 19, 2017, at around 08:30, the Defendant tried to kill a victim with the lack of ability to discern things or make decisions due to a stimulative disorder, in the Defendant’s residence located in Busan F, Busan, and 303, without any particular reason. However, the Defendant tried to have the victim drink with his or her ability to keep him or her in mind, such as eating a stimule and drinking a stimule, and having stimule a stituous disorder.

At around 11:00 on the same day, the Defendant: (a) died of a victim’s knife with his knife and knife his knife, which had been continuously faced by his knife and knife his knife at the inside of his residence; (b) but was not flife by his knife, resulting in death of his knife with his knife by pressure.

Summary of Evidence

1. The defendant's legal statement (as at the third public trial date);

1. Statement made by the police against C;

1. A death examination report, on-site file report, report on verification, and reply to a request for appraisal;

1. Protocols of seizure and list of seizure (lists of evidence 3, 4);

1. On-site photographs, such as embankments, grandchildren, etc.;

1. Application of Acts and subordinate statutes to a medical certificate prepared by a doctor G or H, or a medical certificate prepared by a doctor I;

1. Article 250 (1) of the Criminal Act applicable to the relevant criminal facts and Article 250 of the choice of punishment;

1. According to Articles 10(2) and 55(1)3 of the Criminal Act for the mitigation of mental and physical weakness (Article 10(2) and Article 55(1)3 of the Criminal Act (see, e.g., Supreme Court’s duly adopted and examined evidence), the Defendant, prior to the instant crime, received hospital treatment once a week due to a diversative disorder, from October 4, 201 to February 27, 2012.

Comprehensively considering the evidence mentioned above-mentioned facts, the defendant has suspended medication and treatment without consultation with the doctor from the time of the above time.