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(영문) 부산지방법원 2014.10.10.선고 2014고합466 판결

살인,사체유기미수,상해

Cases

2014Ma466 Murder, homicides, attempted abandonment, Bodily Injury

Defendant

A

Prosecutor

All-times (prosecutions) and grandchildren (public trials)

Defense Counsel

Law Firm B, Attorney C

Imposition of Judgment

October 10, 2014

Text

A defendant shall be punished by imprisonment for fifteen years.

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

Reasons

Criminal facts

1. Injury;

At around 14:00 on October 1, 2013, the Defendant: (a) performed a trial expenses on the grounds that the wife victim E (the wife 59 years of age) is mixed with half-way and kept at the Defendant’s residence located in the north-gu Busan, Busan, and (b) brought about the victim with a storm, leading the victim to the victim, leading the victim to the victim, and pushed the victim with his hand, leading the victim to approximately three weeks of treatment.

2. homicide;

On June 29, 2014, around 14:30 on June 29, 2014, the Defendant, at the residence of the above Defendant, brought a dispute with the above victim E, who was living separately after the application for divorce, and prevented the victim from leaving away clothes located in an inner blap, but was able to kill the victim.

The defendant killed the victim by taking the knives of the victim's knives, after KONLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLLL L

3. Attempted abandonment of the dead body.

At around 16:00 on June 29, 2014, the Defendant: (a) killed the victim; (b) moved the victim’s body to the back seat of the cargo vehicle owned by the Defendant, which was parked in front of the above residence; (c) laid off the victim’s body to the lower seat of the cargo vehicle, and sought a method of abandonment of the body, and then, (d) he attempted to visit the victim’s body at around 19:00 on the same day, G, a fraud of the victim, who attempted to visit the above residence, discovered the victim’s body from the above cargo vehicle and reported the victim’s body to the police, and then failed to abandon the victim’s body.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police statement made to G, H and I;

1. Each protocol of seizure and the list of seizure;

1. Protocol of inspection;

1. Report on the occurrence of a disaster, and suggestion for direction;

1. Each investigation report (the sequence 9, 12 of the evidence list);

1. Written replys as a result of the appraisal;

1. A medical certificate;

Application of Statutes

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

Article 257(1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 250(1) of the Criminal Act (the fact of homicide, the choice of limited imprisonment), Articles 162 and 161(1) of the Criminal Act (the fact of attempted abandonment of a dead body)

1. Aggravation for concurrent crimes;

Articles 37 (former part), 38 (1) 2, and 50 of the Criminal Act shall apply mutatis mutandis to concurrent crimes of murder with the largest punishment (within the scope of adding up the long-term punishments of each of the above crimes)

1. Confiscation;

Article 48(1)1 of the Criminal Act;

[Around October 1, 2013, when considering the following facts: (a) health department; (b) the victim was faced with one day at the I's house, which is his/her father, due to the Defendant's assault on or around October 1, 2013; (c) the victim was provided with medical treatment at the hospital due to the victim's arms and fingers; (d) the victim was provided with medical treatment at the hospital; and (e) the victim stated the husband's husband's medical records and medical certificate at the time when the victim was provided with medical treatment on October 1, 2013; and (e) the Defendant prepared a letter of promise to pay divorce and consolation money where domestic violence occurs in the future on or around February 14, 2014; and (e) it is sufficiently recognized that the Defendant inflicted injury on the victim on October 1, 2013.]

[Along with the case of paragraph (3) of this Article, the Defendant: (a) immediately after murdering the victim, the victim’s cell phone and the bank have been abandoned on the road side; (b) thereafter, the victim got off three times on the cell phone of the victim; and (c) the victim’s act of concealing the crime and making Alba, such as the victim’s talked to the victim’s fraud, "on the face of the victim's talked to the victim's speech," and the victim’s act was committed to conceal the crime and to make Alba, etc.; (d) the body of the victim was loaded on the back seat of the victim’s own cargo and covered by a black and Maba; (e) five hours after murdering the victim, the victim did not request emergency relief or take any measure, such as self-denunciation, etc., even if the victim was discovered, it can be sufficiently recognized that there was an intentional abandonment of the victim’s body.]

Reasons for sentencing

1. The scope of punishment;

From 5 up to 44 years of imprisonment;

2. Scope of recommendations;

○ Basic Crimes: homicide

【Determination of Punishment】

Murder, Type 2 (General homicide)

[General Convicts] - Reductions: Serious reflects

【Scope of Recommendation】

- Imprisonment of 10 to 16 years (basic territory);

○ Concurrent Crimes: Bodiity Crimes

【Determination of Punishment】

- violent crimes, general bodily injury, type 1 (general injury),

【Scope of Recommendation】

- The range of recommendations based on the standards for handling multiple crimes between April and June (basic area): Imprisonment of 10 years to September 16 (the lowest limit of the above recommendations shall be considered only for the crime of attempted abandonment of dead bodies whose sentencing criteria have not been set).

3. Determination of sentence: Each of the crimes of this case with 15 years of imprisonment brought about a divorce issue with the victim, who is the wife of his/her own re-born, killed the victim by KONta, and was aware of the victim's body in order to abandon his/her body, and thus was committed. The Defendant appears to have committed assaulting the victim continuously and repeatedly even before killing the victim. More than the aforementioned domestic violence, the Defendant continued to exist and, above all, brought about a human life, which is an absolute value to be protected. Nevertheless, the circumstances after the crime, such as making Aluriba and attempting to conceal the case by abandoning the body, are not good. The Defendant did not have been used by the bereaved family members of the victim, who were the bereaved family members of the victim, until now, and his/her bereaved family members were seriously punished by the Defendant at an investigative agency. Considering such circumstances corresponding thereto, the Defendant’s severe punishment is necessary.

However, most of the instant offenses were led to the confession of the Defendant, and thus, the Defendant appears to have murdered a victim contingently by taking account of the following factors: (a) the Defendant appears to have not committed any planned crime; (b) the Defendant has no specific criminal record; and (c) the Defendant is currently 62 years old, the Defendant’s age is considered favorable to the Defendant; and (d) the punishment is determined as ordered by taking account of various sentencing conditions indicated in the records, such as the Defendant’s character and behavior, environment, motive for the commission of the crime, and the circumstances after the crime.

Judges

Judge of the presiding judge;

Judges Park Jong-chul

Judges Shin Dong-dong