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(영문) 대구지방법원 상주지원 2014.08.28 2014고합12

존속살해

Text

A defendant shall be punished by imprisonment for ten years.

Reasons

Punishment of the crime

The defendant is a person who drinks alcohol daily and is suspected of suffering from alcohol addiction, such as drinking alcohol after two years ago, drinking after drinking alcohol.

While the Defendant was instructed to the audience that he is taking a desire for the above reasons, while having weak ability or decision-making ability to discern things due to symptoms such as degradation of judgment by drinking, etc. on April 28, 2014, at the defendant's house located in C at around 01:15, the Defendant thought that the Defendant's mother DNA (her mother, 60 years old) was sent back to the Defendant’s home, and that the Defendant’s mother was sent back to the Defendant’s home, and that the Defendant was able to kill the victim by spraying salting the victim’s face, and that the Defendant was able to kill the victim by taking one hand and other hand, and then, the stroked victim was killed by strokeing the victim’s own lineal ascendant while being sent back at the emergency hospital room of the Red Cross located in North Korea at around 53 on the same day at around 02:55 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol of seizure and the list of seizure, investigation reports (video recorded-References E), and investigation reports (the results of inspections by several countries);

1. Application of Acts and subordinate statutes of a death certificate;

1. Article 250 (2) of the Criminal Act applicable to the crimes;

1. The reason for sentencing under Articles 10(2) and (1), and 55(1)3 of the Criminal Act for statutory mitigation [the scope of applicable sentences under the law] [the decision of a sentence under the law] 3 years and 6 months to 15 years (legal mitigation] / 15 years (the crime of murder ] / the crime of murder 1 (the special salvance): the victim (the scope of recommending punishment) who is still in existence : the victim [the scope of recommending punishment] aggravated area; 5 years to 8 years [the decision of sentence] sentenced to imprisonment for a period of 10 years is the case where the defendant who was in a state of chronic alcohol addiction and alcohol mental disorder was killed by his mother, his lineal ascendant, who is a lineal ascendant.

Although the defendant has a mental disorder, his ability to judge has been lowered.