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(영문) 광주지방법원 2013.04.18 2012고합1314
살인
Text

A defendant shall be punished by imprisonment for thirty years.

An electronic tracking device shall be attached to a person who has requested an attachment order for 20 years.

Reasons

Criminal facts

Defendant

On June 3, 1998, the person against whom the attachment order was requested (hereinafter referred to as the "defendant") was released on August 12, 201, and the parole period expired on October 20, 2012 while the Gwangju High Court sentenced 15 years to murder, etc.

On November 15, 2012, at around 14:30 on November 15, 2012, the Defendant: (a) in the Defendant’s house located in Seo-gu, Seo-gu, Seo-gu, Gwangju, for the reason that the victim was living together with the victim D (the age of 51) who had been living together with the victim D (the age of 51) was her male, and had the victim die by having the victim her stroke who was living together on the Defendant’s side, so far as it is difficult for the victim to take his hand, so far as she died of the victim’s stroke by pressure.

As above, the Defendant was sentenced to 15 years of imprisonment due to murder, etc., and again committed murder after the execution thereof has been completed.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Report on the results of investigation of a person who has died on a change, the scene of death, and body photographs;

1. The actual condition survey report;

1. Seeking an opinion on the autopsy of the autopsy report, and on the autopsy of the deceased and the deceased and the deceased;

1. Previous records of judgment: Criminal records, etc. inquiry reports and investigation reports (No. 38 No. 138);

1. The attachment order: According to each of the above evidence, the Defendant was sentenced to imprisonment with prison labor for murder and again committed the instant murder after the completion of the execution of the sentence.

Application of Statutes

1. Article 250 (1) of the Criminal Act applicable to the facts constituting an offense, and Article 250 (1) of the Criminal Act;

1. Article 3 of the Act on Special Cases concerning the Punishment of Specific violent Crimes among repeated offenders, and the proviso to Article 42 of the Criminal Act;

1. Grounds for sentencing under Article 9 (1) 1, the proviso to Article 5 (3), and Article 9-2 (1) of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders, for whom an order to attach an electronic tracking device and matters to be observed are to be observed;

1. The Defendant led to the confession of the facts charged in the instant case, and tried to repent and reflect the wrong facts.

However, there is a difference.

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