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(영문) 춘천지방법원 2018.12.14 2018고합76

살인

Text

The term of imprisonment with prison labor for the accused shall be fifteen years.

excessive one (No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

The Defendant operated the Gangseo-gu B pension in Yangwon-gun, and the victim C (the 59-year-old) operated the “Yanyang-gun Dialhion.” Since four years ago, the Defendant had a good appraisal for each other.

On August 10, 2018, the Defendant: (a) around 21:59 around 21:59; (b) around the same day, after drinking the victim with a bridged by telephone from the victim at around 2:00 a.m., the Defendant her talked to do so by making phone calls to the victim; and (c) her desire to do so.

The same shall apply to cases where a person desires to undergo a collection test in the Republic of Korea, or where he/she desires to do so.

“B” and the victim was able to find the Defendant with “B penture.”

피고인은 같은 날 22:06 무렵 ‘B 펜 션 ’에서, 그 곳을 찾아온 피해자에게 욕설을 하면서 실랑이를 벌이던 중 피해 자로부터 “ 썅 년들. 개새끼들. 내가 너희 부부 가만히 안 놔둬.” 라는 취지의 욕설을 재차 듣게 되자 술에 취한 상태에서 격분하여 부근에 주차된 피고인의 E 무쏘 승용차 뒷좌석에 보관하던 과도( 전체 길이 28cm , 칼날 길이 15cm )를 꺼내

In addition, it is hard to 4 places in total, including the victim's chests and side glass parts, so far from the G hospital emergency room located in the Gangseo-gu Seoul Metropolitan Government F around 23:48 on the same day, the victim died due to a long-term damage from the window of chest stern.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with H;

1. Application of Acts and subordinate statutes to written autopsy appraisal and each investigation report (including attached materials);

1. Article 250 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The reason for sentencing choice of imprisonment with prison labor for selective abandonment;

1. The number of self-denunciation in the mitigation area (7 to 12 years) of the reduction area (7 to 12 years) within the scope of the recommended punishment [the scope of the recommended punishment] according to the sentencing guidelines;

2. Determination of sentence: The defendant, 15 years of imprisonment, recognized his mistake, shows his attitude that he seems to reflect, and immediately after committing the crime.