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(영문) 의정부지방법원 2018.5.10.선고 2018고합81 판결
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Cases

2018 Murder 201

Defendant

A (790812 - 1) - Non-permanent

Housing old-si

Prosecutor

E. E. B. P.D. (Lawsuits) and Y. (Public trial)

Defense Counsel

Attorney SoOO (National Ship)

Imposition of Judgment

May 10, 2018

Text

A defendant shall be punished by imprisonment for 18 years.

Reasons

Facts of crime

The defendant was registered in the family relation register with the victim B (the age of 61) and her mother C's children, and the victim was living together with the victim after the victim started to live separately from the above C around 1998, and was living in without any special occupation.

By February 26, 2018, the settlement date of his national card, the Defendant got no way to prepare the card price of 300,000 won. From February 23, 2018, the Defendant sought to change the card price of 300,000 won to the victim from February 23, 2018, but sought a change of the card statement from the victim, followed the statement that he would bring about the card statement from the victim, and responded to whether his father will grant a loan.

In addition, around February 26, 2018, at around 09: 56, the Defendant demanded that the Defendant send the Defendant’s national bank account number to the victim’s door-to-door and send cash to the victim, and that the Defendant would receive money from the victim, after finding the victim in the inside-house at the Defendant’s residence located in the Guri-si 00 apartment 00 00 00 000 -00 - 000 - and again requesting the victim to return money.

The defendant called "the victim would like to recover money from a bank" and called "the victim would not remit the money to the bank," and caused the victim to see if he she 's 's 's 's 's 's 's '' '' '' ' ' ' ' ' ' '' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' f' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' head f f f . . . . . . . . . .

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D Police Statement;

1. Each protocol of seizure, each list of seized articles, and each photograph thereof;

1. The actual survey report and CD-1, the actual survey photograph, and the on-site photograph;

1. A report on investigation (a criminal investigation for a specific suspect), request for appraisal of an on-site question, delivery of the results of appraisal, and a report on investigation;

(On-site CCTV investigations, CCTV investigations in the Guguri River Citizens Park) and on-site CCTV images.

CDA, investigative report (influence of the victim and his primary opinion), investigation report (influence of CCTV in 00 apartment complexes), investigation report (influence of CCTV in 00 apartment complexes

The victim's residence address, etc. related to the CD attachment and investigation report (the investigation of the victim's residence, etc.)

As a result, the report of the results of the examination of the deceased and the deceased, the report of the results of the examination of the deceased and the report of the investigation (assigning photographs), the report of the investigation

As a result of the request for appraisal, the report on the request for appraisal, the report on the investigation [the report on the result of the request for appraisal by the state and the result of the request for appraisal (excess, color)];

2) A response to requests for appraisal, and data of response to requests for appraisal, investigation reports (personal comparison and requests for urgent appraisal of seized articles)

one oral replys) and responses to the results of the evaluation of the scene of the crime, and report on the investigation (the results of the evaluation by the State and the recipient);

J. D. D. D. and D. and D. and D. and D. and D. and D. and D. and D. E.C.

2) The notice of request for appraisal, investigation report (the details of the use of the suspect's national card out of the account reply data), and

National Card Answer Data, Investigation Report (Listening to the phone statement of an appraiser in charge of the National Scientific Investigation Institute)

1. A certified copy of the removal;

1. A medical certificate of death (a medical certificate of autopsy);

Application of Statutes

1. Relevant Articles of criminal facts;

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

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not less than five years - 30 years;

2. Scope of recommended sentences according to the sentencing criteria; and

[Scope of Recommendation Form]

Type 2 (Murder in Ordinary homicide) Aggravation (15 years to 15 years, and longer than life)

[Person under Special Leave]

Act on the Acceptance of Criminal Crimes

3. Determination of sentence;

The Defendant, without his father’s name, supported himself, brought up, and continued to provide economic support while living together with the Defendant even after becoming an adult, and killed the victim’s head and knife several times, such as over-road trees, etc., on the ground that the victim’s demand for the settlement of card payments was sanct, and died with the victim’s head and knife on several occasions, and there is insufficient reflectivity to the entire family members and relatives. Around 1998, the victim knew that the Defendant was not a son. Around that time, the victim was aware of the fact that he was raised as son around 198, and was living together with the Defendant and continued not only support but also support in light of the motive, means, methods, results of the crime, relationship with the victim, and the circumstances after the crime. Since then, the victim was living together with the Defendant until this case, there is a need for strict punishment.

On the other hand, the Defendant did not find employment even after becoming an adult and did not have properly formed social costs, such as living alone and dependent on the economic power of the victim, and appeared to have a unique defect. The Defendant stated that many people were faced by the victim at the time of being employed by the victim, and that people around the victim made statements to other people, but it was strict to the victim, and thus, the Defendant’s living with the victim and stated that there was a garment, and it appears that the Defendant committed the instant crime as a contingent crime without appropriately resolving labor and complaints he did not have any criminal record. The Defendant is the first offender without any criminal record.

As above, the possibility of criticism of the crime committed by the defendant and the social defense aspects of punishment shall be taken together to determine the same punishment as the disposition.

Judges

Judges Park Jong-k, Counsel for judge

Site of separate sheet

J. J. T. T. J.

Mawhos

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