Attorney Lee Jae- Authority

One Masan-kiveknife (No. 1), one Masan-kivenife (No. 2) shall be confiscated from the defendant.

【Criminal Power】

On May 8, 2015, the defendant was released on January 30, 2018 and on July 1, 2018.

【Criminal Facts】

The defendant is between the victim B (the age of 45) and the victim B, known from the time of middle school to the time of birth.

Since December 2011, the Defendant borrowed money from the land in order to pay high interest of 15-20% per month for the secondhand trading business, and made a friendly life, such as purchasing external automobiles, yachts, tkis, etc. using such money. On September 2013, the Defendant proposed that he/she promoted online soil business in Thailand in Thailand, the victim, C, and the victim and C shall invest KRW 20 million in total, and KRW 50 million in total, KRW 300 million in total, and the victim and C shall take charge of the management of the funds.

However, when it was known that the Defendant borrowed money under the name of the above heavy trading business around May 2014, when the above business was not well developed, the victim and C, who had been promoting, decided to suspend the business that the Defendant and C, and divided the remaining KRW 90 million out of the total amount of KRW 300 million into one half each, and the Defendant left the Republic of Korea on September 23, 2014 and escaped from the Republic of Korea on January 2, 2015 and were arrested at the airport on January 22, 2015, and were released on parole on January 30, 2018.

After being released, the Defendant had no particular economic assistance to his/her family during his/her prison life, while his/her mother and his/her children live in an economically difficult life.

The facts were revealed, and the existence of the officetel in Sungnam-si, which was recently developed for the purpose of residing with her woman D, was doubtful due to the fact that the obligees knew of the facts to the obligees, and the victim or C was aware of the facts, and the victim and C knew of the facts to the obligees. The victim and C were thought to have become difficult to remove their losses from the business promoted together with the past, and there was a complaint against the victim and C.

In this situation, the Defendant promised to drink with the victim on August 3, 2018, when he was receiving a mental treatment for each month after being released from prison due to a depression that occurred during the prison life.

At around 19:20 on August 3, 2018, the Defendant heard that he drinks with the victim at a restaurant located in Seocho-gu Seoul, Seocho-gu, Seoul, and that from around 20:27 to around 21:00, he drinks with a coffee store located in F in Sungnam-si, Sungnam-si, and then takes the vehicle back to the victim's house, and it is not easy for the victim to move from the victim.

At around 21:37 on the same day, the Defendant stopped the said car in front of the first way in Seocho-gu Seoul, Seoul, the victim's home, and then asked the victim to answer that “I will not see whether I will see that I will see that I will see that I will see the above car, and that I will not see the victim's 'I will see that I will see that I will see, I would like to see that I would like to see, I would like to see. I would like to see that I would like to see the victim's home.

The defendant showed that during the course of a dispute with the victim, he was about 'B', and later said 'D' to see 'D' to see the victim', but the victim did not want 'W' to 'W' to 'W'. Ha' to 'W' to 'W' to 'W' to 'W' to 'W' to 'W'. The defendant 'W' to 'W' to 'W' to 'W' to 'W' to 'W' to 'W' to 'W' to 'W' to 'W' to 'W' to 'W' to 'W' to 'W' to 'W' to 'W', 'W' to 'W' to 'W' to 'W' to 'W', 'W' to 'W' to 'W' to 'W' to 'W' to 'W

The Defendant collected kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't 12 kn't kn't kn't kn't kn't kn't kn't k', kn't kn't kn't kn't kn't k', 3.9 k't kn't kn't kn't kn'.

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution against C;

1. Records of seizure, list of seizure, on-site photographs, photographs of tools to commit crimes, photographs of body of a deceased person, death certificate, results of autopsy, and documentary evidence of autopsy;

1. Blue boxes and video CDs;

1. Previous convictions: Criminal records, each written judgment, each investigation report (verification of the expiration of the period of parole of a suspect), and current status of personal confinement;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 250(1) of the Criminal Act (Appointment of Imprisonment for Imprisonment)

1. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The fact that the victim died by the knife with the knife that the defendant and the victim had been fighting is recognized.

However, the Defendant did not have any intention to kill or kills the victim in knife. The Defendant, while engaging in a dispute with the victim on the grounds of money relationship with the victim, brought the victim with a knife for camping in order to put the victim hotly. In this process, the Defendant was flife, resulting in the victim’s death by knife on the knife, which the Defendant was flife and flifeed by the victim’s chest.

2. Determination

Comprehensively taking account of the following facts and circumstances acknowledged by the evidence duly adopted and investigated by this court, it is recognized that the Defendant had the victim die with knife with intent to murder as stated in the facts charged. The assertion of the Defendant and the defense counsel is not acceptable.

① At the victim’s body, the upper part of the upper part of the chest, which was determined by the National Institute of Scientific Investigation by direct death, is 3.9cm in length and 12cm in estimated depth, and the victim’s length (13cm in length) is deep to the point where most of the knife entered. The victim was 4cm in length above the upper part of the chest left part of the chest, and its depth was not a fixed long-term space. In addition, the victim was 3cm in length, degree of damage on the bones, degree of damage on the bones, degree of damage on the bones, and degree of defense in the long-term space through the knife and the knife. The victim sustained 4cm in length, considering the knife’s length (13cm).

In light of the fact that the victim suffered a large number of wounds including a fatal part, such as mama and chest, and twice of them, although the victim, who is an adult male, 12 cm in depth and knife it in a space between the inner organs, even though she was presumed to have 4 times defense traces, it cannot be said that the defendant was snife and knife the victim's chest, and that knife the victim knife with the knife, it is reasonable to view that the defendant intentionally committed murder.

(A) The defendant made a statement in the investigative agency and this court that he was only one time, and even if he was excluded from the upper part of the victim, he did not explain the reasons why the upper part of the victim was unfolded.

② The circumstances at the time of the recording of the vehicle in which the instant case occurred are recorded. On the face of recording, the Defendant asked the victim to inform the creditors of the location of the relevant officetel, and asked the victim to the effect that the failure of gambling business is an error by the victim, and then asked the victim to pay money to the victim “I will leave the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife with the knife.

③ From the time of middle school, the Defendant and the victim attempted to engage in gambling business in Thailand, and the Defendant was indicted for committing a crime of fraud and failed to engage in the business, and the Defendant was faced with economic difficulties even after release. The Defendant was aware that the Defendant’s notification of his officetel to a creditor was not the victim, and the Defendant knew that he did not look at the victim’s family at the victim’s family when he was able to know that he was 320 million won, and the victim was asserting that the amount to receive was 320 million won, and that the victim was able to have provided the cause of his business failure and did not know the money. The Nonindicted Party’s wife and the victim’s response against the Defendant’s wife appears to be sufficient enough to serve as the motive for murdering the victim. The Defendant also stated at an investigative agency that the victim was sin the victim’s speech on the day of the instant case.

④ It is recognized that the Defendant transferred the victim to K Hospital in a knife with knife. However, even if a knife had the intention of murder, it is sufficiently possible to give the knife and the knife, if the result of the knife is realized in the front, so the intention of murder cannot be denied solely on the above basis.

Reasons for sentencing

1. Scope of punishment by law: Imprisonment with prison labor for not less than five years but not more than 50 years;

2. Scope of recommended sentences according to the application of the sentencing criteria: Imprisonment with prison labor for not less than ten years but not more than 16 years;

【Scope of Recommendation】

Type 2 (Murder with Ordinary homicide) Basic Area (10 to 16 years)

【Special Convicted Persons】

None

3. Determination of sentence: Imprisonment with prison labor for a 16-year term is a serious crime, regardless of its reason, which is an act of infringing on human life. The Defendant, who was a failure or monetary problem of the past gambling business, killed a victim of a long-term sexual intercourse. The victim seems to have suffered a fatal wound and suffering from an attack by the Defendant during a dispute, and seems to have a great degree of mental suffering of the remaining victims' family members. The Defendant, even during the period of repeated crime, has committed more severe crimes without being able to do so. The Defendant, even though he/she is a repeated crime, has committed more severe crimes. It is inevitable to sentence heavier punishment corresponding to his/her responsibility.

However, immediately after committing the crime, the Defendant made efforts to prevent the occurrence of the result of the crime at latest, such as transferring the victim to the hospital. Such circumstances are favorable to the Defendant.

In addition to the above circumstances, the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, the punishment as ordered shall be determined in consideration of all the sentencing conditions.

Judges Gin-type money

Judges Shin Jae-ho