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(영문) 광주지방법원 2020.07.02 2019나66001
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The defendant at around 21:40 on August 8, 2016, the same month.

9. Between 04:30, at the inside of the house of Da (n, 61 years of age) located in Gosri-gun, Gosri-gun B, the relationship with C was far away and C did not receive the telephone, and C murdered by resulting in the death of 15 times in total of 15 kniff knife, face, body sniff, etc. of A, which was on the back of the kitchen cke at the front line.

B. After killing C as above, the Defendant thought that all the causes of murdering C are D(64 years of age). At around 04:30 on August 9, 2016, the Defendant: (a) discovered D before D’s house located in Gosaung-gun E and then entered into the said house according to D as a means of collection according to D; (b) resulting in the death of D’s knife portion on the left side of the above A’s road, chest, chest, knife, etc., 17 times in total.

C. On October 13, 2016, the Defendant was sentenced to life imprisonment with the Gwangju District Court’s net support (2016Gohap181), the appellate court (2016No479) and the final appeal (2017Do4048) dismissed all the Defendant’s appeals, and the said judgment became final and conclusive.

F and G, who are children of D, filed an application for the crime victim relief fund to the Plaintiff in the capacity of the bereaved family entitled to receive the bereaved family relief fund under Article 18(1)1 of the Crime Victim Protection Act.

Accordingly, on November 24, 2016, the Plaintiff decided to pay KRW 24,905,230 of the bereaved family relief fund to the above applicants through deliberation by the Deliberation Committee on Criminal Damage Relief (hereinafter “Deliberation Committee”) and paid the same amount equally to the applicants on December 20, 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to compensate for the damage of the deceased due to murder committed by murdering D, and the age, method of murder and the circumstances after the crime are committed.

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