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(영문) 춘천지방법원 원주지원 2016.10.26 2016고합66
살인
Text

A defendant shall be punished by imprisonment for three years.

One (No. 1) seized net value shall be confiscated.

Reasons

Punishment of the crime

On August 9, 2016, the Defendant, as a couple between the victim C (year 74) and his wife, was frequently assaulted by the victim and was wanted by the victim against the victim. On August 9, 2016, the Defendant reported that the victim brought about the net ( approximately 40cm in length, approximately 40cm in total, and No. 1) to the house, and that the victim was assaulted by the above net, and thereby was concealed in the main kim cchi cooling and adjacent to it.

At around 06:00 on August 10, 2016, the Defendant thought that the victim, her husband, her husband, made the victim into the Defendant while going beyond the toilets, and that the victim cannot be prepared for hospital expenses when she coming to the hospital.

Accordingly, the defendant brought a hidden loss, brought the head and chest of the victim who was used on the floor, brought the victim's hair and breast, and brought the victim to the living room, brought the victim's hair and breast, etc. to the victim who continued to be towed, and brought the victim to the living room, brought the victim's head and breast, etc. to the living room, led the victim to the living room, and murdered the victim by taking the head and breast of the victim's head and breast, etc. with the above watch.

Summary of Evidence

1. Partial statement of the defendant;

1. Protocol of inspection;

1. A autopsy and appraisal report and an appraisal report;

1. On-site photographs of murder cases;

1. Application of existing Acts and subordinate statutes of seized net values (Evidence 1);

1. Relevant Article of the Criminal Act concerning the facts constituting an offense, and Article 250 (1) of the Criminal Act selecting a penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Scope of applicable sentences under the law for sentencing under Article 48(1)1 of the Confiscation Criminal Act: Application of the sentencing guidelines from 2 years and 6 months to 15 years [decision of type] to the crime of murder [ no person who has a special appearance] [the scope of recommendation field decision and recommendation range] to the basic area, 4 years to 6 years of imprisonment, and 3 years of imprisonment [the reasonable circumstances] to the defendant.

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