(영문) 춘천지방법원 2020.02.06 2019고합95

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(영문) 춘천지방법원 2020.02.06 2019고합95

살인

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The punishment of the accused shall be five years of imprisonment.

Seized evidence 1 (in excess) shall be confiscated.

Reasons

Punishment of the crime

The defendant was in a de facto marital relationship between the victim B (the age of 48) and the victim B (the age of 48) around 2016.

While living together with a victim, the defendant has been living together with the victim, such as hearing abusive language or being abused by the victim several times, etc.

On September 27, 2019, the Defendant sent time, such as gathering of the victim and the victim's parents, drinking of the victim's children, etc., and returned home to the residence of the victim C and the second floor with the victim between 22:0 and 23:00 on the same day.

On September 28, 2019, between 00:49 and 01:07 on September 28, 2019, the Defendant engaged in talking with the victim while drinking with the victim in his/her residence, and caused the victim to have a verbal dispute with the victim. When the victim met several times, the victim's right knick part with the victim's right knife, and the life in his/her surroundings of the defendant was brought up a transition ( approximately 20 cm in total length, about 10 cm in knife in knife) used to reduce the night at night, and thereafter, the victim was hicked with the victim's left part of the chest, so that the victim died from the actual blood death caused by snife in his/her place.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. A written inquiry of death, a written inquiry of request for appraisal (2019-M-22334), and a written inquiry and inquiry of the 2019-M-22334;

1. On-site photographs, field photographs taken by police officers dispatched to the scene, and photographs adjacent to the knife by the victim;

1. A CD 119 transcript, a CD in the on-site photographic video backup, and a CD in the video clock by the suspect about his criminal motive;

1. Application of the existing Acts and subordinate statutes of subparagraph 1 of seized evidence;

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. Determination on the assertion by the defendant and his/her defense counsel under Article 48(1)1 of the Criminal Act

1. Determination as to murder intention

A. The defendant and his defense counsel have the intent to kill the victim.

참조조문

-형법 제48조 제1항 제1호

-형법 제250조 제1항

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