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(영문) 수원지방법원 평택지원 2016.12.26 2016고합125

살인

Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

Reasons

Punishment of the crime

The Defendant was not good for the victim C (the age of 61) who was a colon of the ship that was residing with a Chinese national foreigner, and was in peace and peace disputes. On September 30, 2016, the Defendant did not have good appraisal of the victim on September 30, 2016.

On October 2, 2016, at around 09:00, the Defendant tried to kill the victim by breaking the knife that was disputed with the victim at the Defendant’s residence located in Ansan-si D, and knife the victim’s left knife at one time with a knife ( approximately 13cm in knife, approximately 17cm in total length), followed the victim’s left knife at one time, and continuously caused the victim to die with a knife in knife in knife at one time from the left side of the victim’s knife, and at around 09:30 on the same day, the victim died with a knife knife at one time.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A written autopsy report and a report on the result of investigation of a deceased person;

1. Requests for genetic appraisal and response thereto;

1. Records of photographs of the scene of change;

1. A written autopsy and appraisal;

1. Application of Acts and subordinate statutes on seizure records;

1. The relevant Article of the Criminal Act, Article 250 (1) of the Criminal Act, the reasons for sentencing of limited imprisonment;

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 5 years;

2. Scope of recommended sentences according to the sentencing guidelines (determination of types of punishment), the basic area (determination of the recommended fields of punishment) of Type 2 (Determination of homicide) (Determination of the recommended fields of punishment), the basic area [Scope of recommendation] shall be 10 years to 16 years.

3. The crime of this case, which is determined to be sentenced, is a dispute with the victim who is a ship of China, where the defendant is not good, and knife the victim knife, and the crime of this case is very poor, such as the method of crime, and murder cannot be used for any reason because there is no way to recover the damage to the victim's serious crime of cutting the life of a person to be absolutely protected, and the victim suffers from the pain prior to committing the crime of this case.