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(영문) 서울남부지방법원 2018.07.20 2018고합166

살인

Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The facts charged were appropriately revised to the extent that it does not impede the defendant's exercise of right to defense.

The defendant raised D(6) and victim E(5) between husband C and had economic difficulties, and depend on drinking and tobacco since several years to unrest stress due to the son’s language development, etc., and around January 2018, the defendant was suffering from symptoms such as her husband’s life of drinking and drinking alcohol until late at night.

On February 20, 2018, from around 02:18 to around 04:00 on the same day, the Defendant thought that the Defendant, while under the influence of alcohol between around 04:00 on the same day, at the bank of Gangseo-gu Seoul Metropolitan Government F and the second floor, the Defendant, a residence of the Defendant, he thought that the Defendant, his relative, should cover the victim with bad faith and drive away from the victim’s body. The Defendant was placed on the part of the victim, on the part of the victim, in order to prevent the victim from resisting by taking the victim’s bucks with her hand.

However, if the victim's timber was not well close, the Defendant laid the victim on the floor of the room, and died of the victim's stroke for about 30 to 40 minutes by stroke pressure.

As a result, the Defendant murdered the victim under the condition that the Defendant is unable to discern things or make decisions due to other mental disorders such as summons, exchange time, etc. and alcohol induced mental disorders.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement by the police in relation to C and G;

1. A corpse death certificate and a autopsy report;

1. A photograph of the victim's body/a photograph of the scene of the crime, or a transcript of the recording (a net 23,41);

1. Mental appraisal response (net 90);

1. The application of Acts and subordinate statutes to investigation reports (the attachment of a recording file sent at the Seoul General Disaster Prevention Center) (the 31) shall apply to such reports;

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

1. Statutory mitigation;