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(영문) 대구지방법원 포항지원 2015.07.13 2014고합144 (1)
존속살해등
Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

The Defendant is one of the children of the victim C(75 years of age) who is between the father and the father. The Defendant is a person who lacks the ability or decision-making ability to discern things due to mental or physical disorder, such as being diagnosed by a mental division at the E Hospital on Nov. 16, 2005, by the ordinary North Korean Port Guard on Nov. 16, 2005, by the D Hospital on May 15, 2008, and by the E Hospital on Aug. 10, 2012.

1. In a situation where the Defendant, as the above illness, lacks the ability to discern things or make decisions, the Defendant suffered bodily injury from death, etc., and caused the death of the victim, who is a lineal ascendant, due to the following factors: (a) from around November 18:34, 2014 to around 05:00 on the following day, the victim’s residence container stuffs, which is the victim’s home, in the south-guF, or the victim’s face and body in the vicinity thereof, and the victim’s face and body cannot be identified in an insular way; and (b) caused the victim, who is a lineal ascendant, to die by blood transfusion, due to such an injury as a climatic color, fladal pressure, etc.

2. In a situation where the above-mentioned illness lacks the ability to discern things or make decisions, the Defendant: (a) inflicted injury on the victim at the same time and at the same place as mentioned in the preceding paragraph; (b) brought about his death; (c) brought the victim’s body into the ground; (d) brought the victim’s body into a dry field with approximately 50 meters away from that place; and (c) abandoned the victim’s body by putting the body into a dry field 50 meters away from that place; and (d) admitting the victim’s body into an insular tool, citing the body into an insular tool, or burying it

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness G, H, I, and J;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Each prosecutor's statement to G, K, L, and J;

1. Each police statement on H, M, I, and N;

1. In relation to the report of internal history and the attachment of the first scene photograph, the attachment of photographs and images at the scene of the discovery of a changer, the process of discovery C, and the belongings A possessed by the changer A;

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