beta
(영문) 대구고등법원 2008.11.24.선고 2008고합662 판결

살인,사체유기,사체손괴

Cases

208Gohap662 homicide, abandonment of a corpse, damage to a corpse

Defendant

-Laps

Prosecutor

Freeboard, Freeboard, Spanishing

Defense Counsel

Attorney Kim ○-○ (Presiding Ship)

Jurors

7 persons

Imposition of Judgment

November 24, 2008

Text

A defendant shall be punished by imprisonment with prison labor for twelve years.

The 88 days of detention before this judgment is sentenced shall be included in the above sentence.

Reasons

Criminal facts

Although the Defendant married with Kim 00 on February 1991, the Defendant was married with around 1991, but his female could not have caused her birth due to congenital dyslexism, around September 1995, the Defendant was living together with the victim leap 00 (the age of 12), who was an infant since 8 days after her birth, and was living together with the victim leap 12) due to the mental dyslexism and the mental dyslexism of the above leap ○○ and Kim ○, and due to difficult economic conditions.

1. homicide;

피고인은 2008. 7. 28. 14:00경 대구 달서구 AA동 소재 피고인의 주거지 작은방에 서 , 이전에 위 윤○○를 자주 돌봐주던 피고인의 처남댁 이AA로부터 '평소 윤①0가 공부를 소홀히 하고 , 컴퓨터 게임에만 빠져 있으며, 김00에게도 마구 대들더라'라는 말을 들은 것이 생각나 윤○○를 훈계하기 위하여 그곳으로 가 책상에 앉아 있는 피해 자에게 "니가 아무리 그래도 본 정신도 아닌 엄마를 패고 그럴 수 있나, 니가 크면 아

Along with the low night, a computer is limited to one computer, a stringer of a book, and a stringer of a string, a stringer of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a string of a st

2. Abandoning and destroying a corpse;

피고인은 같은 일시, 장소에서, 위 윤○○가 사망하자 그곳 서랍 속에 있던 청테이프 로 피해자의 다리를 묶어 이불로 덮어 두었다가 같은 날 17:00경 현관 입구 선반 위에 둔 파란색 선풍기 커버를 꺼내어 그 안에 피해자를 집어넣은 뒤, 범행을 은폐하기 위 하여 사체를 소훼하기로 마음먹고, 같은 날 23:00경 피고인 소유 대구달서 사XXXX호 125씨씨 오토바이의 앞 발판에 사체와 집에서 쓰다 남은 신나 및 불을 붙일 교차로 신 문을 싣고 위 오토바이를 운전하여 대구 달성군 가창면을 경유하여 팔조령 터널을 지 나 같은 날 24:00경 경북 청도군 이서면 ▲▲리 680-1에 있는 000 소유 복숭아밭에 이르러 밭 중간에 사체를 버려 이를 유기하고, 계속하여 사체 위에 위와 같이 준비해 간 신나를 뿌리고 교차로 신문에 라이터로 불을 붙여 사체에 옮겨 붙게 하여 소훼하는 방법으로 사체를 손괴하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each legal statement of a witness EsA and ○○○○;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's statement;

1. Each police statement;

1. Each investigation report (as to the confirmation of the advertisement place discovered in the vicinity of a changing body, the investigation of the other party of the Daegu intersection, or the hand;

100,000,000,000

With respect to confirmation, request for identification of the Daegu Office of Education, discovery and investigation plan of damage, 00 photographs

Taking photographs, determination of investigation, and future investigative circles, such as attachment, le00 objects and books, etc.

He shall take photographs of the defendant, cellular phone calls with a specific circumstance to ○○○, the photographs of the defendant's ownership, and the cell phone calls

내역 분석 관련, 피고인 및 김00의 병원진료기록 확인수사, ▲▲석재 교차로 광고

With respect to the attachment of photographs, confirmation of whether the attachment of photographs is consistent with the criminal tool, the type of blue-fluoring, and the victim 00

Final investigation, appending a report on the results of Eeluta or the test and analysis purchased by the Defendant in Korea;

Finding the status of crime of suspect interrogation, hearing victim's cell phone statement, etc.)

1. Report on criminal place, report on criminal history (the occurrence and the distribution of the identity of a person suspected of committing death, the distribution of the identity of a person who has changed the status of a person who has changed the status (the second report), and

Request for an appraisal, such as a letter of death, body autopsy, body autopsy report, on-site identification results report, gene type, site, etc.;

Cadastral map, each tenant's body (request for cooperation in the discovery of the existence of the other body, request for genetic type appraisal, etc.)

(vii) genetic analysis results, on-site identification results, response to requests for appraisal, photographs, copies of resident registration;

A certified copy, a notice of the result of a student health examination, a written appraisal, photo, primary inquiry, a response to a request for appraisal, a case in question.

for use, currency content, photograph, photograph, scene map, response, confirmation of adoption, request for appraisal, photograph, and appraisal;

Department, on-site survey report, on-site surveillance map, internal map, photograph, scene and place of crime, and on-site criminal history

Long-term map and delivery note (the table of request for appraisal)

1. A report on search and a seizure list;

Application of Statutes

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

Article 250(1) of the Criminal Act (the point of homicide, the choice of limited imprisonment) and Article 161(1) of the Criminal Act (the act of death and bodily abandonment);

The point of damage

1. Aggravation for concurrent crimes;

Punishment prescribed in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act

20 10 10 10

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

Judgment on the Defense Counsel's argument

1. Summary of the assertion

Defendant’s defense counsel asserts to the effect that the Defendant committed the instant crime in a state that the victim committed the instant crime in a state that he/she lacks the ability to discern things or ability to make decisions due to extreme interest, etc. on the day of the instant case, by assaulting the victim’s sexual intercourse and assaulting the victim’s mother to his/her mother on several occasions on the day of the instant case, and then she would have been frighted after the victim boomed by assaulting the victim’s her mother with his/her mother, and

In light of the background and means of the instant crime, the method and method thereof, the behavior and circumstances of the Defendant before and after the commission of the crime, the process of the crime, and the Defendant’s statement in this court after the commission of the crime. In full view of the criminal investigation agency and the Defendant’s statement contents and attitude after the commission of the crime, it is difficult to view that at the time of the instant crime, the Defendant had weak ability to discern things or make decisions, and there is no other evidence to acknowledge it, the defense counsel’s above assertion is rejected.

Reasons for sentencing

The crime of this case is committed by the Defendant on the ground that the Defendant neglected his/her official book and did not take care of his/her son Kim 00, who is his/her wife. The Defendant murdered the victim's neck on his/her son, abandoned the body to conceal the crime, and destroyed it by burning it. Since human life is the most respected value that should be protected by the State or society, the State or society cannot be used for any reason as well as the act of infringing on individual life can not be used. The Defendant murdered her son of 12 years old who is not a crime on the ground that she takes care of her son and her son for any reason that her son was her son and her son was born, etc., and the Defendant first was investigated by an investigative agency, and it seems difficult for the Defendant to properly take into account his/her criminal responsibility for murdering the victim, such as the Defendant's son's son's son's son's son and her son's son's son.

However, the Defendant appears to have committed the instant crime by contingently in the course of guiding the victim, while suffering from extreme stress due to the depression with his wife, etc., the Defendant seems to have committed the instant crime by habitual larceny, etc.; the Defendant has no record of criminal punishment except for a suspended sentence due to habitual larceny, etc.; the Defendant seems to have supported his wife and the victim, and the Defendant seems to have lived with his own mind, so far, and the Defendant is likely to have lived with the Defendant, taking into account all other circumstances that conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., and determine the punishment as ordered.

jury verdict and sentencing opinion

Dogna Dogna Dog Dogna Dog

○ All seven jurors guilty

Opinions on the sentencing of terms

○ 15 years of imprisonment with prison labor

○ 12 years of imprisonment for a maximum term

Judges

Circuit-type (Presiding Judge)

Ethroop

Maximum extent: