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(영문) 서울남부지방법원 2017.03.10 2016고합514
살인
Text

A defendant shall be punished by imprisonment for fifteen years.

The request for the attachment order of this case is dismissed.

Reasons

Punishment of the crime

The defendant is a person who is in a de facto marital relationship with the victim E (V, 52 years old) for about seven years.

At around 19:00 on September 30, 2016, the Defendant, at the Defendant’s house located on the F1st underground of Yangcheon-gu Seoul Metropolitan Government, left a duct, without any justifiable reason, and continue to drink, while drinking without the influence of alcohol, and the Defendant “a bit bit bit bit bit bit bit bit bit.”

“Abrupting the victim’s desire to kill the rest of the victim, with an influenous weapon, and having the victim do so once by using the victim’s left knife with a snife with a snife, and then charged the victim with the width of 4.2 cm in width, 4.5 cm in depth, and 6 cm in depth. However, according to the written appraisal of the written appraisal, according to the written appraisal of the prosecutor, the victim’s window width appears to have been 4.2 cm in width and 4.5 cm in diameter, and this is not disadvantageous to the defendant. Thus, without changing the written appraisal, the victim’s window width and the depth of the window snife knife shall be recognized as above without changing the written indictment.)

The victim was killed due to excessive blood transfusion.

Summary of Evidence

1. Legal statement of witness G;

1. Some statements made to the accused in the protocol of interrogation of the suspect against the prosecution;

1. A survey report on the actual condition, a corpse inspection report, a written opinion on autopsy, and an appraisal report on the autopsy;

1. Application of Acts and subordinate statutes of Chapter Three to the field photographing photographs, photographs of the victim, and photographs of the victim's upper part of the body;

1. Determination as to the assertion of the defendant and his/her defense counsel under the pertinent Article of the Criminal Act and Article 250(1) of the Criminal Act regarding criminal facts

1. The summary of the argument is that the defendant was standing up the side of the side timber table to the side of the side, but the above table leg was caused by the death of the victim by the wind to the side of the victim, and there is no fact that the victim's snife was killed with a deadly weapon.

2. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by this Court, the Defendant.

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