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(영문) 서울동부지방법원 2016.06.10 2016고합110

살인

Text

A defendant shall be punished by imprisonment for 13 years.

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

Reasons

Criminal facts

피고인은 2016. 4. 6. 23:43 경 서울 광진구 C, 4 층에 있는 ‘D 고시 텔’ 복도에서, 같은 고시 텔 8 호실에 거주하는 피해자 E(48 세) 이 방문을 세게 닫아 시끄럽게 했다는 이유로 시비가 되어 피해자와 서로 멱살을 잡고 몸싸움을 하던 중 그 소리를 듣고 찾아온 고시원 업주 F가 이를 제지하자 잠시 방에 들어갔다가, 곧바로 피해 자가 피고인의 방문을 걷어찼다는 이유로 재차 시비가 되어 몸싸움을 하게 되었다.

As seen above, Defendant 1 was able to kill the victim in a timely manner after being able to breath from the victim who was flick with his own body and with heavy age when he was flick with her body several times. Defendant 2 was able to kill the victim in a timely fashion. Defendant 2 was flicked on the part of the victim’s left eye, with the knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to F and G;

1. A report on the results of police seizure, on-site identification, and a report on actual status investigation;

1. Investigation report (Analysis of CCTV images inside the tele-public notice network);

1. A gene appraisal report and a legal and chemical appraisal report;

1. A corpse and on-site photograph, and photographs of the implements of each crime;

1. The application of Acts and subordinate statutes to medical certificates of death, results of autopsy, and written autopsy appraisal;

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. The scope of applicable sentences by law: Imprisonment for not less than five years nor more than thirty years; and

2. The scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to 10 years [the types] from 16 years to 2 years (the areas of recommendation for murder).