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(영문) 수원지방법원 2016.04.28 2016고합10
살인
Text

A defendant shall be punished by imprisonment for 13 years.

One (No. 1) of the seized knife (30cm) shall be confiscated.

Reasons

Punishment of the crime

In 2000, the Defendant has maintained the marital relationship by marriage between the victim C (math, 33 years of age) and around 200, and has frequently disputed the victim's wind since 1 month ago.

On December 28, 2015, around 20:30 Osan-si, D Apartment 320 dong 104, the Defendant again got to have a dispute with the victim while she was drinking with the victim at the residence of the Defendant at 320 dong 104.

When the defendant hearss the words "in the future, I will live in the mind" from the injured person, he tried to see the face of the injured person once, and the face of the injured person once by left hand.

피고인은 계속하여 주방에 있던 식칼( 길이 약 30cm, 칼날 약 20cm) 을 안방으로 가져와 반항하는 피해자의 얼굴을 왼손으로 잡아 침대 바닥에 누르고, 오른손에 쥔 칼로 피해자의 안면 좌측 광대뼈 부위를 1회, 피해자의 좌측 목 뒤 부위를 1회 찌른 후 피해자의 목, 가슴, 등 등을 13회 이상 추가로 찔러 그 자리에서 피해자를 다발성 열상 및 좌상 등에 의한 과다 출혈로 사망하게 하였다.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the results of identification of the DNA murder case, a report on the results of field identification, records on the field identification of the murder case, and a survey report on actual condition;

1. Photographs of the actual condition survey;

1. A death certificate and reply to a request for appraisal;

1. Application of present Acts and subordinate statutes under subparagraph 1 of this Article;

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;

2. The scope of the recommended punishment for the sentencing guidelines [the scope of the recommended punishment] [the types of murder] and the mitigated elements of the second type [the person subject to special sentencing]: The number of self-denunciation [the scope of the recommended punishment] mitigated areas (the scope of the recommended punishment] mitigated areas, seven years to twelve years.

3. The crime of this case in which the defendant was married for about 15 years is the victim.

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