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(영문) 인천지방법원 2013.08.23 2013고합314

살인

Text

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

Reasons

Punishment of the crime

The Defendant was living together with the victim C (the second-year-old-age-old-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child-child

After that, the defendant brought up the victim with the will of friendly D and her mother, but there was no way to prepare living expenses, such as overdue credit card payment, absence of any particular occupation, etc.

In a situation where the Defendant lacks the ability to discern things or make decisions due to severe depression and excessive drinking, he murdered the victim and attempted to commit suicide by himself. On March 9, 2013, at the Defendant’s house located in the Nam-gu Incheon Metropolitan City F around 06:00, the Defendant took away the victim from the Defendant’s house located in the Nam-gu Incheon Metropolitan City F, 104, and took the victim away from the Defendant’s face, and boomed the victim on the face of the victim, thereby causing the victim to die in a non-permanent coloring.

Summary of Evidence

1. Defendant's legal statement;

1. A written result of autopsy, a written result of autopsy, a written result of autopsy, and a written result of autopsy and appraisal;

1. The point of mental and physical disability: considering the following circumstances acknowledged by each description of the defendant, witness D, G’s legal statement, field warning, etc., each photo submitted by the defense counsel, each medical certificate (H hospital), each medical record copy (H hospital), and the medical records (I hospital), the defendant suffered from the depression and stimulative disorder at the time of committing the crime of this case, not only the defendant was suffering from the depression and stimulative disorder at the time of committing the crime of this case, but also caused the crime of this case under the state of drinking with a large amount of alcohol of at least six cans of beer, and the defendant actually attempted suicide immediately after the death of the victim, the defendant is deemed to have weak ability to distinguish things at the time of committing the crime of this case.

Application of Statutes

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. Legal provisions;