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(영문) 대구지방법원 경주지원 2019.10.10 2019고합33
살인등
Text

A defendant shall be punished by imprisonment for six years.

The request for probation order against the person against whom the probation order is requested shall be dismissed.

Reasons

Criminal facts

"2019 Highly 33" was caused by frequent depression of the victim B (the 50-year-old) who is the spouse of the defendant of the ordinary family, such as a couple fighting.

On June 29, 2019, the Defendant: (a) around 21:55 on June 29, 2019, around D Apartment E, the Defendant, the Defendant’s residence of the Defendant in Si of Si of Si of Si of Si of Si, for the purpose of killing the victim in a timely manner, by setting up things inside the house and putting him with a knife and killing him; (b) around 22:15 on the same day, the Defendant: (c) took the victim inside the above residence, she was pushed the victim, and she was sicked by light pressure, and then the victim was killed at the F Hospital on June 30, 2019.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police investigation report (No. 2, 4, 15, 23, 26, 35, 36, No. 136 in the order of evidence);

1. A death certificate;

1. Application of Acts and subordinate statutes concerning the 112 reported case handling lists, photographs of 112 reported monetary records, photographs of a scientific investigation team, photographs of the current state at the time of on-site appearance, blood scambrance and scambling of the suspect's body, and

1. Relevant Articles of the Criminal Act and the reasons for sentencing under Article 250 (1) of the Criminal Act for the choice of punishment;

1. Scope of punishment by law: Five years to thirty years;

2. The scope of the recommended punishment according to the sentencing guidelines [the range of the recommended punishment] [the category 2] homicide (the special sentencing factor] ordinary motive, murder (including a serious effort to recover damage): The number of self-denunciation, the amount of no punishment (including the recommended area and the scope of the recommended punishment] [ the scope of the recommended punishment] special mitigation area, the range of imprisonment from June 3 to 12 years [the scope of the recommended punishment corrected by the applicable sentencing guidelines] from five years to 12 years (the minimum of the sentencing range recommended by the sentencing guidelines is different from the applicable sentencing range under law, and the minimum of the applicable sentencing range under law is applicable).

3. Determination of sentence: Imprisonment with prison labor for a crime of homicide for six years shall infringe on the irrecoverable value of human life.

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