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(영문) 부산지방법원 2008.8.26.선고 2008고합438 판결
살인
Cases

208 Maz. 438 homicide

Defendant

A (68 years old, female, and non-permanent)

Prosecutor

Fluorent Number

Defense Counsel

Attorney Jeong-ho (National Election)

Imposition of Judgment

August 26, 2008

Text

A defendant shall be punished by imprisonment for seven years.

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

One (No. 1) and one knife (No. 2) shall be confiscated.

Reasons

Criminal History Office

around June 7, 1996, the defendant married with the victim V (the age of 47) and had his her her son B (the age of 12).

The victim got married with the defendant without any special occupation and left the house from around 2007, and did not look at another woman's family, such as leaving the house and leaving the house, and did not look at the family, so the defendant maintained his livelihood at the restaurant, etc., and did not assault the defendant at any time at the time. In addition, since June 5, 2008, the victim got off from the house when he went to the above ageer, and made a telephone call to the female at the time of drinking, and made the defendant feel a large complaint against the victim.

Around 00:00 on June 22, 2008, the victim returned home with the defendant at the office of the victim and the defendant living together with the defendant, and went home to the room of the plaintiff. For this reason, the victim "I am to the son's seat", "I am out of the son's son and son and son's son and son's son and son's son's son's son's son's son and son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son's son.

On June 22, 2008, at around 05:30 on June 22, 2008, the Defendant, who continued as above, had the victim murdered the victim. At around two times the victim's head head part, who was suffering from drinking alcohol and drinking alcohol in a multi-purpose kitchen located in the Defendant's house kitchen, was fluenced, and fluenced into the Defendant's house, and killed the victim. At around five times the victim's head part, which was fluencing the body in the shock, was slurd rice, and slurd rice, and the part of the victim's body was slurd with knife, and around three times the two parts and the part were killed by the victim with the two parts damaged and the multiple part.

Summary of Evidence

omitted.

Application of Statutes

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

Article 250(1) of the Criminal Act (Appointment of Imprisonment for Imprisonment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following circumstances considered favorable to the reasons for sentencing):

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;

Since the life of a person on the grounds of sentencing under Article 48(1)1 of the Criminal Act is the highest value that the State and society should give priority to protection, infringement of such life is not permissible for any reason. Even if the defendant has committed an assault from the victim at any time, such circumstance alone alone is insufficient to justify the defendant's crime of killing the victim in a knife with knife and knife the head of the victim, and the body of the victim cannot be justified, and the defendant shall not be charged with strict liability corresponding thereto.

However, at the time of the victim's drinking, the victim used a insulting speech and violence to the defendant without any particular reason. In the presence of the defendant, it appears that the victim might drink the insulting speech and use violence to the defendant without any particular reason, and caused the defendant to feel a personal senscence and to have the defendant feel a senscence. Accordingly, even though the defendant suffered a long period of mental suffering, it seems that there was no way to escape from the victim's violence, such as obscence and obscence that the victim was absent from the sense of force and sense of sense that there was no way to actively inform the surrounding people of the nature of the inner nature and the fear of the victim's fear of the victim's fear of suffering from serious mental suffering, and it appears that the crime of this case was caused by shock, shock, and contingently, and that the defendant was committed in the process of questioning himself/herself and all of the records and sentences of the crime of this case, and that there was no way to look at the defendant in the process of the crime of this case.

Judges

The presiding judge, the senior judge

Judges Nationwide

Judges Shin Jae-sung

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