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(영문) 수원지방법원 2013.04.09 2013고합11

존속살해

Text

A defendant shall be punished by imprisonment for six years.

The seized KONEX shall be confiscated (No. 1).

Reasons

Punishment of the crime

At around 04:00 on December 27, 2012, the Defendant, at the home of the Defendant in Suwon-si, F apartment 103 1306 dong 103 and 1306 in Suwon-si, and, at the same time, her mother, her mother, who was not in a critical health condition due to an operation to cut off the brue of the two months, was locked with G (the 83 years old), and considered that the Defendant’s concealment of the victim’s brue was less than the pain, killed the victim, who was a lineal ascendant, by taking the brush back of the victim’s body and cutting down the brut with the brut pressure.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Each legal statement of the witness H and I;

1. Written autopsy, and postmortem examination photographs of the dead body;

1. Protocol of inspection, current site inspection, and photographs;

1. A copy of a medical certificate and a certificate of hospitalization;

1. Application of the provisions of seizure records and photographs of seized articles;

1. Relevant Article of the Criminal Act concerning the facts constituting an offense and Article 250 (2) of the Criminal Act selecting a penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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

1. The scope of applicable sentences: Imprisonment for a period of three years and six months to fifteen years;

2. Application of the sentencing criteria;

(a) Determination of types: homicide, and homicide (type 1); and

(b) Special Sentencing - Action aggravated factors: Victims who are vulnerable to crimes, those who continue to exist, - mitigated factors: no penalty - actors/other mitigated factors: self-denunciation;

(c) General persons: - Offenders/other mitigation factors: serious reflect;

(d) Scope of recommendations: Imprisonment with prison labor for up to 5 years (up to 8 years); and

3. Determination of sentence: The life of a person of six years of imprisonment is so heavy that it cannot be altered under this tax and is the highest value to be protected by the State and society, and this is also the case of an elderly patient.

Moreover, the Defendant committed an anti-human act of killing his mother who created his own son.