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(영문) 대구지방법원 2009.5.11.선고 2009고합103 판결
살인,사체유기
Cases

209Gohap103 homicide, abandonment of a corpse

Defendant

Labor

Labor

Housing Daegu

Reference domicile

Prosecutor

Stoplass, stuffed

Defense Counsel

A person shall be appointed.

Manwon

7 persons

Imposition of Judgment

May 11, 2009

Text

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

The 81 day under detention prior to the rendering of this judgment shall be included in the above sentence.

Each one knife (number 1 of seizure records), one knife (number 2 of the list of seizure records), one knife (number 2 of the list of seizure records) and one knife (number 3 of the list of seizure records of seizure) shall be confiscated.

Reasons

Criminal facts

1. homicide;

On January 2009, the Defendant, a dong-indemined victim A (20 years of age), was living together with Daegu-ro and studio. At the same time, the Defendant frequently sought the Defendant on the ground that the Defendant’s behavior was frighten, and that the Defendant did not promptly answer, and even she had the clothes, chest and face of the Defendant due to the rabbus, and carried the pictures, the Defendant had a good appraisal against the victim.

On February 17, 2009: around 30, the Defendant made another laver on the ground that the Defendant would late answer, and that the victim would at the latest die, and the Defendant would at the same time make another laver, and “the Defendant would die and throw away the laver,” and considered that the laver would be dead, and that the Defendant would kill the victim.

The Defendant, with food knife (30cm in total length, 18cm in length, 18cm in length, 18cm in seizure protocol number 1) in the kitchen, knife the part of the victim's knife once, and knife the part of the victim's knife, left knife, etc., which led the victim to the death of the victim in that knife in the right knife, due to the wave of the closure.

2. Abandonment of the dead body.

On the same day as in the preceding paragraph 15: At around 30 30, the Defendant was able to separate the body of the victim and thrown away the body of the victim in an adjacent iron shop (the total length of 36 cm, the daily length of 8 cm, the list number 2 of seizure records) and the hacksaw (the total length of 48cm, the length of 31cm, the list number 3 of seizure records of seizure).

The Defendant purchased the body of the victim and returned to studio. The Defendant cut the body of the victim into a toilet with both arms cut and cut knife and knife with knife and knife. The Defendant abandoned the body of the victim by means of throwing the body of the victim into a knife box, dumping the body of the victim into the knife and the knife building in the knife and the knife in the knife room. The Defendant discarded the body of the victim into a knife and knife with the knife in the knife and the knife in the knife room.

Summary of Evidence

1. Defendant's legal statement;

Each police protocol;

The attachment of photographs, body autopsy reports, accompanying photographs of the suspect's body, attaching photographs of the body of the suspect, attaching the body of the body of the person, reporting the victim or telephone conversations.

1. Application of Acts and subordinate statutes to written autopsy and appraisal;

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 250(1) of the Criminal Act (the point of murder and the choice of limited imprisonment) and Article 161(1) of the Criminal Act (the point of abandonment of the dead body)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [to the extent that punishment is aggregated with the long-term punishment of the above two crimes]

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Number of views;

Article 48(1)1 of the Criminal Act provides that the Defendant’s crime of this case with the reason for sentencing has been committed several times with a knife, fife, and abandons the dead body using a knife, knife, knife, knife, knife, and knife. The result of the crime is very severe, and the method of covering the crime is cruel, and the victim’s arms and bridge have been discarded well after killing the victim. Considering the fact that the victim and his bereaved family members suffered from difficult pain to give the above punishment, the Defendant should be sentenced to a strict punishment corresponding to the above act against the Defendant, referring to the fact that there is no other favorable opinion of the Defendant on the crime of this case, such as continuous assault and intimidation of the victim, and that there is no other favorable opinion of the Defendant on the criminal punishment of this case, and that there is no other favorable reason to arrest and punish the Defendant from the date of the crime of this case.

jury verdict and sentencing opinion

Dogna Dogna Dog Dogna Dog

○ Opinion of all seven jurors guilty of murder and abandonment of a corpse

Opinions on the sentencing of terms

○ 17 years of imprisonment

○ 13 years of imprisonment for a maximum term

Judges

Justices Kim Sung-soo

——————the—the—

Judges Dong-young - -

Judges Dol-Dol-Dol-Dois

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