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(영문) 의정부지방법원 2016.05.26 2016고합3

살인

Text

A defendant shall be punished by imprisonment for fifteen years.

One (flurma), one (flurma), and a multi-tamper (2 foot).

Reasons

Punishment of the crime

Defendant

In addition, a person subject to an attachment order (hereinafter referred to as the "defendant") is the kind and part of the victim D (man, 35 years of age). Around December 21, 2015, at the defendant's house located in E in Yangju-si, the victim had the victim drinking while drinking his/her alcohol in the defendant's house, and had the victim do his/her speech about his/her past family violence, etc. in the defendant, etc. in the defendant's house, with the intention of murdering the victim in a timely manner by breaking his/her booming the victim's desire. After breaking the victim's body with a small wave located in the above ward, the victim's boomed the victim's body and boomed the victim's body, and thereafter, the victim was forced to boom the victim's body, and then the victim's pressure was cut to the victim's body, and the victim continued to boom the victim's body.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Police seizure records (voluntary submission);

1. A family relation certificate:

1. A gene appraisal report, a legal chemical (unprocessed) appraisal report, and an autopsy appraisal report on the victim;

1. Application of each existing statute referred to in subparagraphs 1 and 2, of seized evidence;

1. Article 250 (1) of the Criminal Act applicable to the relevant criminal facts and Article 250 of the choice of punishment;

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for up to 5 years;

2. Application of the sentencing criteria [Scope of the recommended punishment] Type 2 (Murder of Ordinary homicide), the basic area (from 10 to 16 years).

3. Determination of sentence: The life of a person of 15 years of imprisonment is an absolute value that cannot be altered, and our legal order also protects his life most important, and thus, an act of infringing upon it cannot be used.