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(영문) 대전지방법원 2016.08.11 2016고합207
살인
Text

A defendant shall be punished by imprisonment for 13 years.

Reasons

Punishment of the crime

On March 20, 1996, the Defendant was in a marital relationship between the victim C (math, 65 years of age) and the husband reported around March 20, 199, and the victim was forced to hospitalization of the Defendant at a mental hospital for treatment of alcohol addiction around August 2014.

On June 3, 2016, at around 01:0, the Defendant: (a) committed an apartment registered as a co-ownership relation with the Defendant while hospitalized the Defendant in a mental hospital and used it in mind with the Defendant’s deposit money; (b) caused the victim to go beyond the floor by pushing the victim by hand; (c) caused the victim to die with the victim’s cross-faced hand, and (d) caused the victim to die with his/her sub-faced care from his/her place of residence.

Summary of Evidence

1. Statement by the defendant in court;

1. Each prosecutor's statement protocol concerning E and F;

1. A death certificate, written appraisal of autopsy, and each photograph;

1. Family relation certificate;

1. Application of Acts and subordinate statutes to a report on investigation;

1. The relevant Article of the Criminal Act and the grounds for sentencing under Article 250 (1) of the Criminal Act for the choice of criminal facts;

1. The scope of applicable sentences by law: Imprisonment for not less than five years nor more than thirty years; and

2. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] the basic area (10 years to 16 years] of the recommended punishment (the scope of the recommended punishment].

3. Determination of sentence: Imprisonment with prison labor for 13 years, the defendant murdered the victim who was his spouse and was living together for 20 years, on the ground that the victim was hospitalized in a mental hospital.

The Defendant asserted that the victim was forced to be hospitalized into a mental hospital without any justifiable reason in 2014, and that the Defendant and the victim had been living together with the apartment house owned by the Defendant and the victim had been repaid with the deposit money, and that the Defendant had reached the crime.

However, the parents of the victim are the victims.

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