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(영문) 수원지방법원 여주지원 2019.05.02 2018고합96

살인

Text

A defendant shall be punished by imprisonment for fifteen years.

Reasons

Punishment of the crime

From June 2018, the Defendant is between the victim B (here, 26 years of age) and the school physician.

On December 12, 2018, around 05:47, the Defendant drinked with the victim in Ischeon-si C while drinking together with the victim's residence, and boomed the victim's previous male-friendly relationship with the victim's previous male-gu problem, and continuously reported the victim's assault to 112, and the victim reported the victim's assault to 112, the victim's boomed the victim's breath by both hand and was placed in the water reservoir side of the kitchen singke, and the victim died of approximately 21 knife in the part of the victim's fnife in the fnife, and the part of the victim's fnife is 21 times from the fnife to the fnife.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The prosecutor's office and the police's statement concerning D;

1. A corpse autopsy report, a autopsy appraisal report, and a gene assessment report;

1. A report on the results of a survey on the body of each change site, a field identification report, a report on the results of a survey on a changer, a report on the results of a survey on the actual condition, and a report on an investigation (the results of analysis on the form

1. On-site photographs, identification photographs of the current incident, records on the identification thereof, and on-site survey photographs;

1. Records of seizure and the list of seizure ( dated 12, 2018);

1. Application of Acts and subordinate statutes governing the 112 Reporting Case Handling List;

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. The scope of recommended punishment according to the sentencing guidelines [decision of types] the scope of punishment for homicide [Type 2] and the absence of ordinary motive (special person for homicide] [the scope of recommending area and recommended punishment] basic area, 10 years to 16 years of imprisonment.

3. Determination of sentence: Imprisonment with prison labor for the following fifteen years, the defendant shall be sentenced to the punishment as ordered in consideration of the age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc.

Unfavorable circumstances: the life of a person can not be altered.