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(영문) 인천지방법원 2008.8.20.선고 2008고합365 판결

살인

Cases

208 Gohap365 homicide

Defendant

Defendant

Housing Bupyeong-gu in Incheon (hereinafter referred to as "resident Bupyeong-gu").

Reference domicile foreign China

Prosecutor

nan

Defense Counsel

Law Firm

Attorney Lee In-bok

Imposition of Judgment

August 20, 2008

Text

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

72 days of detention before this judgment is sentenced shall be included in the above sentence.

Seized knife knife (No. 1) shall be confiscated.

Reasons

Facts of crime

The defendant, who entered Korea around March 2008, observed that the victim Jindo, who had liveded for about 10 years in the Chinese roadside, entered Korea first and operated a multi-faceted room with another male while running it, and was doubtful about the male relationship of the victim.

On May 9, 2008, at around 50:50, the Defendant was unable to have had a dispute about the male relation of the victim at the victim's house of Bupyeong-gu Incheon Metropolitan Government (hereinafter omitted), but the victim was unable to take the place after having a telephone from the male on his name, but the victim was about to disregarding the victim's knife despite the victim's failure to get out of the phone, and the victim was about to have knife the knife by getting out the phone, and then killed the victim's knife (the knife 9cm, 30cm in length, 17.9cm in length, 30cm in length, knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Statement by the defendant in court;

1. Seizure record and list;

1. A written result of autopsy;

1. Each request for appraisal;

1. Photographs of the scene of occurrence, victim's photograph and seized articles;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 250(1) of the Criminal Act (Selection of Imprisonment)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;

The reason for sentencing under Article 48(1)1 of the Criminal Act is that the defendant living together for about 10 years in the past, but currently living together for about 10 years, the victim's clothes knife one time in the knife, and did not take any measures to rescue the victim even in the situation where the victim's long-term is leaked due to the open upper part of the body. Furthermore, the victim attempted to have a telephone conversation with other male in the above knife one time with the above knife, causing the result that the victim's life cannot be deducted by the knife with the knife, and considering the frequency of the crime, damage part, its degree, etc., the victim's knife and the above knife did not take any measures to protect the victim's bereaved family so far, even if the defendant attempted to commit the crime, considering that the defendant's knife should be punished.

Judges

Judges of the presiding judge

Judges

Judges