(영문) 창원지방법원 밀양지원 2016.04.15 2015고합39

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텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 밀양지원 2016.04.15 2015고합39

살인

Text

A defendant shall be punished by imprisonment for fifteen years.

One lost tree stick (No. 5) shall be confiscated.

Reasons

Punishment of the crime

The defendant is the defendant's 11th lineal descendants in C, and the victim D (71) is the victim's 10th lineal descendants in the above sentence.

In around 2012, the Defendant, at the initiative of the victim, transferred the land owned in the name of the Defendant and sold it to another person after selling it to another person.

On October 28, 2015, at around 10:50 on around 10:50, the Defendant demanded the victim to pay or lend the expenses required to move the secondhand shop operated by the Defendant’s her son to the land owned by her son. However, the Defendant refused this demand, and the victim was able to kill the victim, and the head of the victim was able to look at the victim’s head who was seated on the floor with a wooden stick ( length 92 cm, No. 5) in his possession. The Defendant continued to stick the victim’s head according to the victim who escaped, and the head of the victim’s head was a tree stick.

When the victim set up against the defendant, he cut off the victim's head at several times, and the victim laid down 10 cms (10 cm in total, 35 cm in length, 16 cm in length) in the warehouse of the above warehouse, and kills the victim's head on the spot by cutting it back, cutting down the hand knick (10 cm in total, 35 cm in length, 10 cm in total) in the warehouse of the above warehouse of the victim, and cutting down the victim's head on the wall, making the victim die of external cerebrs damage.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and G;

1. Protocol of inspection;

1. Each police seizure protocol and list of seizure (net 4,5,18,19);

1. A corpse death certificate and a response to appraisal;

1. Application of the statutes on field photographs and field inspection photographs of H homicides;

1. Article 250 (1) of the Criminal Act applicable to the relevant criminal facts and Article 250 of the choice of punishment;

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

1. Imprisonment with prison labor for not less than five years, but not more than thirty years, of a prison term of law;

2. The scope of punishment recommended according to the sentencing criteria (the type of murder).

참조조문

-형법 제48조 제1항 제1호

-형법 제250조 제1항

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