(영문) 광주지방법원목포지원 2020.11.05 2020고합55

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(영문) 광주지방법원목포지원 2020.11.05 2020고합55

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Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for five years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Even after the divorce, the Defendant paid the child support to the victim who was divorced from the victim B (here, 38 years of age) and about 2 years of age.

On May 31, 2020, at around 00:40 on May 31, 2020, the Defendant came to know of the fact that the victim was dead with another male while drinking alcohol together with the victim, and took part in the body of the victim who got 1% of the face of the victim by hand and 1% of the face of the victim by hand.

In order to kill the victim, the defendant continued to do so by cutting out one knife (31cc in total length, 18cc in length) from the scam at the scam, and did not commit an attempted act in order to inflict an injury, such as an injury on the part of the victim, such as an external wound, scam, etc. which has not been opened within the scam, on the left side of the victim, once the left side of the chest and the side scam, three times in the left side of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of victim made by the police against B;

1. Protocol of seizure, list of seized articles, and photograph of seized articles (Evidence of 18-20 pages);

1. Application of Acts and subordinate statutes to the records, nursing records, medical opinion, field photographs of damaged parts of the emergency center;

1. Relevant Article of the Criminal Act and Articles 254 and 250 (1) of the Criminal Act concerning the choice of punishment;

1. Article 25 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of attempted crimes;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on probation and community service order;

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

2. The scope of recommended punishment according to the sentencing guidelines [the scope of punishment] [the category 2] ordinary motive, murder [the special person] mitigation element: The scope of recommended sentence for the crime of murdering for 2 years and 2 years and 8 years and 2 years and 8 years and 2 years and 8 years and 2 years and 3 years and 8 years and 3 years and 4 years and 5 years and 5 years and 5 years and

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유사 판례

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