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(영문) 수원지방법원 2018.10.05 2018고합337
살인
Text

A defendant shall be punished by imprisonment for 13 years.

excessive one (No. 1) seized shall be confiscated.

A person for whom an attachment order is requested;

Reasons

Criminal facts

On June 30, 2009, the defendant and the person against whom the attachment order was requested (hereinafter referred to as "defendant") were sentenced to a suspended sentence of ten months in the Incheon District Court for a crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.). On October 29, 2010, the period of the suspended sentence was three years after being sentenced to imprisonment with prison labor for murder by the Incheon District Court, and the suspended sentence was terminated on April 12, 2014.

[Criminal facts] The Defendant came to know about the adjoining neighbors around April 2018 with the victim B (55 tax) and around April 2018, and became close to each other.

From June 30, 2018, the Defendant tried to drink alcohol with persons including the victim, in the outdoor table, from around 10:0 p.m. to around 30:0 on June 30, 2018, on the ground that the Defendant tried to drink alcohol with those who want to do so, but, on the ground that the Defendant’s age is about 14 years of age or young people who drink alcohol, the Defendant was able to listen to the bath, and the Defendant was able to drink alcohol with the nearby restaurant.

At around 22:09 on the same day, the Defendant listened to the bathing theory, such as “Chewing mast, immediately apartment mast, and inside,” by phone calls from the victim, and put in transition (the total length of 23 cm, 12.5 cm on the day, 12.5 cm on the day, and No. 1) at the home of the Defendant, which was located at the front of the Defendant’s home, and her victim her in the future.

At around 23:08 on the same day, the Defendant saw the victim’s desire and salvate with the victim, salivates the body of the Defendant with his hand to kill the victim, taken the knife the knife prepared in advance, and knife the knife of the victim’s left part of the chest, so far as knife the knife of the victim’s body was unfolded one time, and died with a large volume of blood transfusion.

Accordingly, the Defendant murdered the victim.

[Judgment of the court below] Defendant 1 did not err by misapprehending the legal principles as to attachment order.

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