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(영문) 광주지방법원 해남지원 2015.08.12 2015고합6
살인
Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

A person who has been seized shall be confiscated.

Reasons

Criminal facts

The Defendant: (a) since March 2015, the Defendant began to serve as a public official for a fixed-term period in the DEup office from March 2015; (b) was doubtful that the use of a small tape recorder in the victim’s bank, such as the change of clothes tea, etc.; and (c) was put in the victim’s bank and confirmed that the victim was in an inhuman relationship, while the tape recorder was in a non-human relationship, the sound which was suspected that the victim was dead was the victim, the relationship with the victim was aggravated.

On May 5, 2015, the Defendant drinked alcoholic beverages around 00:0, and started to dispute with the victim due to divorce and non-pact problems at the inside bank of Jindo-gun E, Jindo-gun. Upon the victim's continuous request for divorce, the Defendant discovered a string (a total length of approximately 240cm, approximately 4 meters thick, and No. 1) in a food warehouse with the intent of killing the victim, and entered the string.

At around 05:00, the Defendant, while continuing a dispute with the victim, died of the victim by leaving rhythm, rhhhhm on the right side of the inside bank, etc., and making the victim salp, so far as possible for about five minutes, and then making the victim die by using the pressure of the light.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to a death diagnosis report and a written autopsy and appraisal report;

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. As to the assertion of defense counsel under Article 48(1)1 of the Confiscation Criminal Act, the defense counsel asserts that the defendant was in a state of mental disability under the influence of alcohol at the time of committing

According to the evidence duly adopted and examined by this court, the defendant is found to have been aware of drinking immediately before the crime, but it does not seem that the defendant lacks the ability to discern things or make decisions at the time of the crime.

Defense Counsel's assertion

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