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(영문) 부산지방법원 2017.02.10 2016고합737

살인

Text

A defendant shall be punished by imprisonment for ten years.

The request for the attachment order of this case is dismissed.

Reasons

Punishment of the crime

Defendant and the person who requested attachment order (hereinafter “Defendant”) from around 2011, the 2016 High 737 term Defendant and the person who requested attachment order (hereinafter “Defendant”) are in a de facto marital relationship with the victim C (V, 41 years old) from around 201.

On October 6, 2016, the Defendant: (a) performed drinking at the victim’s home room located in Busan Metropolitan City building D. 920, along with the victim, and was under the influence of alcohol to listen to finns due to female problems, etc.; (b) chemical boomed the victim’s neck with her hand, and she was divided into the victim’s chest, seated on the chest, and her hand, and her neck her hand. However, the victim again her left hand, who she did not die, she her own neck with the victim’s left hand, and she her own neck with the victim’s own hand, and her necked down with the victim’s left hand, and caused the victim to finite by light pressure on the spot.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, G, and H;

1. Application of Acts and subordinate statutes requesting appraisal, such as a report on occurrence of a change of internal investigation, report on internal investigation, 112 report on processing of report, each investigation report, each report on seizure and list, report on results of identification, report on verification, and a reply to a request for appraisal;

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 250 (1) of the Criminal Act for the choice of criminal facts;

1. Scope of punishment: Imprisonment with prison labor for up to 5 years;

2. Scope of recommended punishment: Basic area (from 10 years to 16 years) of murdering common motive (type 2).

3. The sentence decision defendant brought about a serious consequence of murdering the victim because of the minor dispute with the victim; the defendant was dead while the victim was killed, and the details and circumstances of the crime are not good, such as murdering the victim's stroke even though the victim did not die, and the victim suffered from the mental shock and pain that it is difficult for the bereaved family members to recover the victim's life. Nevertheless, the defendant has taken measures to recover the damage up to now or received a stroke from the victim's side.