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(영문) 의정부지방법원 2011.4.22.선고 2010고합375 판결
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Cases

2010 Gohap375 homicide

Defendant

Iso (xxx -xxx xx) , company members

Housing Council-si 00 Do- - 00 Dogs

【Yyang-gu, Soyang-gu, 00 dong

Prosecutor

Gabrey

Defense Counsel

Public-service advocates (National Ship)

Imposition of Judgment

April 22, 2011

Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Criminal facts

The defendant was living together from around February 2010 with the victim lele lucing (35 years old, 35 years old).

The defendant, while operating the head office, has been urged to pay off the money that the victim borrowed from his friendly ties, etc., with frequent disputes due to economic problems such as demanding repayment, etc., so that the victim died of a lot of conflicts, and he was willing to commit suicide accordingly.

On October 8, 2010, at around 00, the Defendant killed the victim by making it difficult for the victim to engage in a dispute as above at the time of the Government-Si, 00 Do- 00 Do- 00 Do- 00 Do - 00 Do - 00 Do - 00 Do - Do - 00 Do , and by making it difficult for the victim to engage in a dispute as above, and by making the victim to engage in a knife immediately as far as it is so far as it is difficult to do so.

Summary of Evidence

1. The defendant's partial statement in court;

1. A protocol concerning the examination of the accused by the prosecution;

1 . □△△ , ♥ , ♥▦▦에 대한 각 경찰 진술조서

1. An investigation report (on-site conditions, etc.), and on-site photographs;

1. A written autopsy report on the preparation of a deceased noble decoration, and a written autopsy and appraisal report on the preparation of stuffed recovery by the National Institute of Scientific Investigation;

Application of Statutes

Article 36 of the Act on the Punishment of Criminal and Selection of Punishment

Article 250(1) of the Criminal Act

Judgment on the argument of the defendant and defense counsel

The Defendant and the defense counsel promised to kill the victim as the remaining Defendant, who was not aware of his body, while the victim borrowed money from the Gu in relation to the opening of his office business or used the credit card in his name to bear the obligation equivalent to KRW 300 million, and failed to repay the debt. The Defendant commissioned the victim to kill the victim.

Since the defendant committed the crime of this case with consent, it asserts that the crime of this case does not constitute murder under Article 250(1) of the Criminal Act, even though it constitutes murder with promotion entrustment and consent under Article 252(1) of the Criminal Act.

그러므로 살피건대 , 기록에 의하여 나타나는 다음과 같은 사정 즉 , 피고인이 범행 현 장에서 피고인을 검거한 담당경찰관에게 경제문제 불화로 인하여 동거녀를 목졸라 살 해▷♤♤♤ 진술한 점 ( 변사사건 발생보고 및 지휘건의 ) , 피해자의 유족들 ( 오빠와 언니 ) 도 피해자가 금전적인 문제로 힘들어하는 것은 알았지만 피해자로부터 평소 죽고 싶다 는 등 자살을 암시하는 내용의 말을 들은 적이 없고 피해자가 자살을 결심할 만한 이 유가 ☆☆ 진술하고 있는 점 , 피해자는 사망 당시 임신 4개월의 임산부였던 점 등에 비추어 보면 , 피해자가 사망 당시 피고인에게 진지한 의사로 자신을 죽여 달라고 부탁 D♤♤♤ 보기 어렵다 .

Therefore, we cannot accept the above argument of the defendant and his defense counsel.

Reasons for sentencing

The crime of this case was committed by murdering a pregnant woman, the result was significant, the victim's bereaved family members did not reach an agreement, and the scope of recommendation according to the sentencing guidelines is 8 years - 11 years (homicide, 2 types, and the basic area). However, the defendant also has to determine punishment as ordered by the order, taking into account all the factors such as the defendant's age, character and conduct, family care, property status, and the circumstances before and after the crime.

Judges

Judges Park Jae-sik

Judges boarding and leaving the court

Judge Lee Associate-hoon

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