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(영문) 대구지방법원 2011.11.18.선고 2011고합225 판결
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Cases

2011 Gohap225 homicide

Defendant

A (*****************), daily workers.

The residence omitted.

Place of Registration omitted

Prosecutor

Chinese-style

Defense Counsel

Attorney***

Imposition of Judgment

November 18, 2011

Text

A defendant shall be punished by imprisonment with prison labor for not less than six years, and seizure subparagraph 1 shall be forfeited.

Reasons

Criminal History Office

On May 26, 2011, the Defendant *** Dong************ because the victim B living in the inner room of the Defendant’s house was seriously fat of the Defendant’s dust, she was locked by telephone with the victim, and locked in the room after being locked. The victim was under influence of alcohol around 02:40 the following day, and the Defendant was able to locked the door of the room, and the Defendant was flick with the victim, and the Defendant was flick at the toilet. The Defendant was flick and flicked with the victim, and she was flick in the toilet, and she was flick at the bar, and she was flick with the victim’s flick, she was satd with the victim’s eye, she was flick and satd with the victim’s flick, and satd with the victim’s body.

Summary of Evidence

1. Defendant's legal statement;

1.*The police statement of**

1. Police seizure records;

1. A report on actual condition of the police;

1. A death certificate or a written autopsy report;

1. On-site map;

1. On-site photographs and changeers, photographs of the suspect's attachment, and photographs of the reproduction of the crime;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 250(1) of the Criminal Act (Appointment of Imprisonment for Imprisonment)

1. Confiscation;

Article 48(1) of the Criminal Act

Judgment on the argument of the defendant and defense counsel

Although the Defendant and his defense counsel asserted that the Defendant was in a state of mental disability under the influence of alcohol at the time of the instant crime, in light of various circumstances, such as the background, means, and the Defendant’s act after the instant crime, which are acknowledged by each evidence of the judgment, the Defendant is deemed to have been under the influence of alcohol at the time of the instant crime, but it cannot be said that the Defendant was in a state of lacking capacity to discern things or make decisions. Accordingly, the Defendant and the defense counsel

Reasons for sentencing

[Scope of Punishment] Imprisonment with prison labor for not less than five years but not more than thirty years;

[Types of Crimes] Type 2 of Crimes of homicide (homicide by Ordinary Mos)

[Special Mitigation] Ad hoc Inspector

[General Mitigation] Voluntary Maternity

[Scope of Recommendation] Reduction Area, Imprisonment with prison labor for not less than six years but not more than ten years

[Determination of Sentence] The crime of this case 6 years of imprisonment is the first day of the defendant's knife's knife. The defendant's knife is very heavy in that he knife human life, which is a valuable value. However, the defendant's knife is very heavy in that he commits the crime of this case by contingently, the defendant's knife's knife is agreed with his bereaved family, the defendant's knife's knife is contrary to his mistake,

Judges

presiding judge, judge-type;

Judge Composition of Judge

Judges Taek-il

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