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(영문) 서울남부지방법원 2019.05.10 2019고합76

살인

Text

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

The number of seized knife(5cm, 14cm in width, 21cm in length on the day) 1 knife(No. 2).

Reasons

Punishment of the crime

The defendant is the victim B (n, 58 years old) and the husband and wife relationship.

The injured party was doubtful that the ordinary defendant met another woman or remitted money to all other women, and the accused was frequently disputed.

From February 18, 2019, the Defendant repeatedly heard the remaining interest from the victim, including “Isn't have a female director in this place, Isn't send money to all members.”

At around 14:20 of the same day, the Defendant thought the victim to kill the victim by repeating the above horses and sprinking the defects thereof, and caused the victim's et al. by knife, which is a dangerous object in the front door of the day, 4 times the victim's et al., knife, the left knife of the lower part once, and caused the victim to die at D Hospital at around 15:07 of the same day during treatment.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Records of seizure and the list of seizures (No. 11 and 12 No. 12);

1. A copy of the autopsy report and a postmortem report;

1. On-site identification reports, on-site photographs, photographs of criminal tools, results of analysis of blood trace types, autopsy and appraisal reports, and legal assessment reports, etc.;

1. Application of Acts and subordinate statutes to each investigation report (the conduct of autopsy for victims, the oral visit by the deputy chief of the Seoul National Institute of Science and Investigative Research, and the movement line from the suspect to the H district visit);

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. Scope of punishment by law: Five to thirty years;

2. Extent of recommended punishment according to the sentencing guidelines [decision of types] homicide [Type 2] ordinary motive, murder [Special Sentencing] mitigation element: Voluntary surrender [the scope of recommending area and recommendation range] mitigation range, seven to twelve years in imprisonment.

3. The human life to be sentenced shall be dignity and dignity of an individual;