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(영문) 춘천지방법원 2012.07.12 2012고합10
살인
Text

A defendant shall be punished by imprisonment for ten years.

For an applicant for an attachment order, a location tracking electronic device shall be installed for ten years.

Reasons

Criminal facts

Defendant

In addition, the applicant for attachment order (hereinafter referred to as the “defendant”) was in conflict with each other on December 15, 201, on the ground that the Defendant and the victim D (50 years of age) were drank without permission of the Defendant, at the home where around 00:40 on December 15, 201, the Defendant and the victim D (50 years of age) were living together.

At around 01:39 on the same day, the victim died of a tension with a tension, a chlost, a knife ( approximately 56 cm in total length, approximately 41 cm in knife length, and No. 2) in an emergency room in Switzerland-si, Switzerland-si, and a knife with a tension, a snife and a siff and a sife, etc. in an emergency room in Chuncheon-si.

The Defendant is recognized to have a risk of recommitting the murder crime as a person who committed the murder crime as above.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each police statement of G and H;

1. Each photograph;

1. Police seizure records;

1. A death certificate;

1. A criminal investigation report (related to the DNA autopsy), a criminal investigation report (related to the field situation), a record recording and a report (related to the field situation), and a record recording;

1. Ratifications (in response, etc. to a letter of result of the autopsy), replys (in response, etc. to a request for appraisal);

1. The risk of recidivism in the judgment: According to each of the above evidence and the written investigation before the request for attachment order, the defendant has committed violent crimes about 19 times, and the degree of adult recidivism risk assessment as well as the fact that the degree of adult recidivism risk assessment exceeds 18 points in total as a result of the inspection.

In addition to these points, it is recognized that there is a risk of committing murder again to the defendant, taking into account the motive and background of committing murder, the age, family relationship, personality and conduct of the defendant.

Application of Statutes

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. Article 5(3) and 5(3) of the Act on the Monitoring, etc. of Location Traculations for Specific Criminal Offenders in Order to Attachment Electronic Devices;

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