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(영문) 인천지방법원 2021.01.12 2020고합503
살인
Text

A defendant shall be punished by imprisonment for four years.

Seized knife (No. 1) shall be confiscated.

Reasons

Punishment of the crime

The defendant and the victim B are sacrifies.

On June 12, 2020, from around 14:35 to 14:50 on June 12, 2020 to around 14:50, while the Defendant lacks the ability to discern things or make decisions due to the side effects of drugs in his own dwelling in the Namdong-gu Incheon Metropolitan City apartment complex C, the Defendant saw the kitchen joint kitchen (32 cm in total length, 23 cm in length) of the kitchen which was in the kitchen to the kitchen, and caused the victim to die of the victim by excessively running the kitchen.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A list of seizure and seizure of a copy of a written statement by the defendant in the interrogation of the suspect against the defendant by the prosecution, each protocol by the police against E (No. 5, No. 22);

1. The application of Acts and subordinate statutes to a response to request for appraisal and a response to request for appraisal by a State and a request for appraisal by a State to DNA extracted from a knife cell and DNA extracted from a suspect oral cell (in respect of attachment of field photographs and victim body photographs at the time of dispatch of report to the F District 112), investigation report (in respect of field photographs at the time of dispatch of report to the F District 112), investigation report (in respect of the suspect's statement), investigation report (in respect of the suspect's statement), investigation report (in respect of the reporter's report on the investigation), investigation report (in respect of attachment of emergency treatment table that is attached to the 119 emergency medical service personnel's first report, investigation report (the scene of the first report and first response measures), investigation report by the Supreme Prosecutors' Office (the results of appraisal by the Supreme Prosecutors' Office).

1. Article 250 of the Criminal Act applicable to the crime and Article 250 of the Selection of Punishment Act (Selection of Imprisonment with prison labor with prison labor with prison labor with prison labor with prison labor with prison labor) mitigated, Articles 53 and 55(1)3 of the Criminal Act (the following extenuating circumstances among the grounds for sentencing)

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

1. Scope of applicable sentences under law: Imprisonment with prison labor for two years and six months to fifteen years;

2. The scope of the recommended punishment according to the sentencing guidelines [type 2] ordinary motive murder [special sentencing factors] mitigation factors: mental and physical weakness (no person in question is responsible) and the penalty is not suspended (the determination of type 2].

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