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(영문) 서울중앙지방법원 2014.04.04 2014고합50
살인
Text

A defendant shall be punished by imprisonment for four years.

One copy (No. 1) of seized sports uniforms shall be confiscated.

Reasons

Punishment of the crime

The defendant demanded the victim C (n, 68 years of age) who is a flat wife to receive a letter from D that the defendant would repay the amount of KRW 100 million which the defendant provided as a house purchase fund to D, and there was a dispute with the victim.

On December 26, 2013, from around 23:00 to 23:55 on the same day, the Defendant commenced a dispute on the ground that the Defendant received the above written statements from the victim and D from the second floor of the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City, on the ground that the victim was able to get a divorce while taking a bath for the Defendant, and the victim was forced to have his body fighting with his hand during the process of cutting down his body fighting with the victim, and lost awareness by being used on the floor.

After that, the Defendant exceeded the physical clothes (Evidence No. 1) that he was suffering, and caused the victim to die of his body by strokeing the neck of the victim, which was stroked with the above physical clothes.

Accordingly, the Defendant murdered the victim as above.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning D;

1. The second police statement concerning F;

1. A copy of the autopsy report, the autopsy report, and the appraisal report dated January 2, 2014;

1. A report on investigation (police officers on the earth's dispatch of defense accidents), a report on investigation (DNA-related nations and appraisal partially), a report on seizure, a list of seizure, and evidence of seizure;

1. Application of Acts and subordinate statutes to a copy of 119 emergency medical services log, a field photograph of occurrence, and a memorial learning photograph used at the time of committing a crime;

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. Reasons for sentencing under Article 48 (1) 1 of the Criminal Act;

1. The scope of punishment: Imprisonment for not less than two years and not more than 6 months but not more than 15 years;

2. The sentencing criteria are followed.

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