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(영문) 수원지방법원 2014.05.21 2014고합162
살인
Text

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

The excessive (e.g., No. 1) seized shall be confiscated.

Reasons

Punishment of the crime

While the Defendant was married with the victim C (mast, 57 years old) and was hospitalized in the mental health department around May 2013, when the victim was faced with the view of avoiding wind with other males, the Defendant still thought that the victim still has winded with other males, and that the Defendant had a serious complaint against other males.

Around 20:00 on January 9, 2014, when the Defendant had alcohol ozone, but lacks the ability or decision-making ability to discern things due to drinking, such as drinking a liquor one disease, etc., the Defendant, at the home room of the Defendant in Pyeongtaek-si D, killed the victim by spraying the victim during the dispute with another male and the wind at the home room of the Defendant in Pyeongtaek-si D, and caused the victim to die with the victim, and was in excess of the transition (13.5 cm in length, 24.5 cm in total length, 1 cm in length, knife in length, 13.5 cm in knife in knife in knife, knife in knife, etc.).

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each prosecutor's protocol of examination of the accused;

1. Each police statement to F and E;

1. Seizure records;

1. A written autopsy report, a written report on the results of investigation of a deceased person, an appraisal report (Evidence Nos. 9, 13, 17), on-site identification records of a murder case, a written autopsy appraisal report, or a documentary evidence for autopsy;

1. Notification of the results of mental appraisal and the application of Acts and subordinate 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 10 (2) and Article 55 (1) 3 of the Criminal Act for mitigation of mental disorders;

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

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

2. Scope of recommendations on the sentencing criteria: Imprisonment for 7 years to 12 years (determination of type), murder, and general motive for type 2.

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