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(영문) 수원지방법원 2016.03.15 2015고합608

살인

Text

A defendant shall be punished by imprisonment for fifteen years.

Seized evidence No. 1 shall be confiscated.

Reasons

Punishment of the crime

On July 21, 2015, the Defendant entered the Republic of Korea around July 21, 2015 as a foreigner of the four arms, and had the timber “C” suffered from July 24, 2015 due to an incurable cause while working in a public enterprise.

At around 23:00 on July 30, 2015, the Defendant considered that the victim E (35 years) who lived in the same room as the Defendant in the “C”’s dormitory located in Gwangju-si, Gwangju-si, was divingd without saving a cigarette, the Defendant considered the cause of the Defendant’s taking-out to be caused by smoke of tobacco, and attempted to kill the victim, and had the victim take-off outside the above dormitory (75cm in length, 20cm in diameter, 75cm in diameter, 20cm in diameter), and caused the victim to die by cutting the bones, etc. in the middle.

In this way, the defendant murdered the victim.

Summary of Evidence

1. Entry of the defendant in part in the first trial record;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Police seizure records;

1. A death diagnosis report, a gene appraisal report, a autopsy appraisal report, a response to a request for appraisal, or a legal and chemical appraisal report;

1. Application of the photographic Acts and subordinate statutes;

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

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 48 (1) 1 of the Criminal Act

1. The gist of the assertion was that the Defendant was physically and mentally weak or physically deprived at the time of committing the instant crime.

2. Determination

A. Determination of the existence and degree of mental disorder as stipulated in Article 10 of the Criminal Act does not necessarily necessarily belong to the opinion of a professional appraiser as a legal judgment, but rather, by taking into account various circumstances such as the type and degree of mental illness, motive and circumstance of the crime, means and manner, the behavior of the defendant before and after the crime, and degree of reflection.