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(영문) 대전지방법원 2017.07.13 2017고합117
살인
Text

A defendant shall be punished by imprisonment for five years.

Reasons

Punishment of the crime

The defendant gave birth to the victim E on September 25, 2016 while living with D in a de facto marital relationship.

The defendant, who received a loan under the name of the defendant, purchased the vehicle in the name of the mother of the defendant, and frequently disputed with the usual D on the ground that it is doubtful that he neglected the home and caused wind while staying outside the country.

On March 4, 2017, around 17:47, at the Defendant’s residence located in Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, the Defendant sent a G text message to D that “to die” would be “to die,” to D, who would not have come home and come home without going home, at the same time. Nevertheless, D attempted to murder the victim (six months after birth) in order to make it possible for D to do so.

At the above date and time, the Defendant covered the victim's face with the locker and uler's locker, and took over about 3 minutes of the entrance and nose by hand, and pressured the victim by putting about 2 minutes of the right part of the Defendant's right right part on the part of the mouth and nose, thereby causing the victim to die in her face by spreading about 2 minutes.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A situation report, a physical list at each transition site, each investigation report (an investigation on attachment of relics, the oral opinion of autopsy, etc., and an investigation on response to a request made by the Daejeon Science Investigation and Investigation Institute for the Evaluation of Research and Investigation Institutes), and a written investigation on each actual condition;

1. A copy of a death certificate;

1. Application of Acts and subordinate statutes concerning the victim's photograph, on-site photograph, history scene, and photographic data of the victim, G, and H;

1. Grounds for sentencing under Article 250 (1) of the Criminal Act (Selection of Term Imprisonment with labor) with respect to the facts constituting an offense;

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

2. The scope of the recommended sentence according to the sentencing guidelines [the type of determination] homicide No. 1 (homicide motive) [the person who is subject to special sentencing] shall be subject to aggravated factors:

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