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(영문) 대구지방법원 2017.08.29 2017고합234
살인
Text

A defendant shall be punished by imprisonment for four years.

The seized KONEX shall be confiscated (No. 1).

Reasons

Punishment of the crime

The defendant and the victim D(n, 69 years old) are marital relationships.

The Defendant, as the enemy of the gas station business in the past, has been liable for approximately KRW 360 million, and the victim was forced to receive illness because he was unable to do so at all due to dementia, etc., and thus, the Defendant was able to kill the victim and commit suicide while he was in the military.

On April 5, 2017, the Defendant: (a) around 17:30, at the Defendant’s home room, the Defendant: (b) at the bed room of the Defendant, the Defendant: (c) “The Bara 201,” the Defendant, “The Bara, as soon as possible, Bara; and (d) the KON, which had been located in the bed, was cut down in the part of the injured party; and (b) then, (c) the Defendant, in so far as possible, died of the victim’s physical form by pressure from the place to the end.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. Seizure records;

1. A response to a request for genetic appraisal, a reply, - A written appraisal of the victim's autopsy;

1. Nine copies of the site photograph, eighteen copies of the postmortem report, nine copies of the site photograph;

1. Application of Acts and subordinate statutes to each investigation report (Attachment to attached documents, such as a family relation certificate, and preliminary autopsy report);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. Two years and six months to fifteen years from the date of imprisonment with prison labor for a prison labor in Acts;

2. Scope of the recommended sentence according to the sentencing guidelines - Scope of the recommended sentence - homicide for the first type of murder (special sentencing factors - mitigated factors : Instigating factors - Victims vulnerable to the crime [the scope of the recommended sentence] - Basic area, 4-6 years of imprisonment; and

3. The crime of this case by which the sentence of sentence was rendered is to be accompanied by the victim when the defendant was in a situation where it is impossible for him to move due to dementia or any other disease.

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