violation of law (Death or Injury caused by Dangerous Driving), Road Traffic Act

Violation (Unlicensed Driving)

2014 high altitude8 (Joint Attachment Orders)

100,000

Residentialization City

Nationality China

Attorney Park Young-young in charge

A seized knife (No. 1) shall be confiscated.

To the person against whom the attachment order is requested, the attachment of an electronic tracking device shall be ordered for ten years.

Matters to be observed as stated in the attached Form shall be imposed on the person subject to the request for attachment order.

[Criminal facts] The Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) are those who work on the day of hand (main week) of the vessel of Chinese nationality in the amount of reduction and exemption of the vessel when the vessel is a ship of Chinese nationality.

As the Defendant was from the roadside, it was not good that it was the victim who was the Chinese national ship and the family member of the same workplace as the family member of the same workplace, and there was a complaint against the Defendant’s disregarding himself on the ground that the victim who was the highest child was the company and the latter was the older in breach of trust after the company.

한편 피해자 신竪 ( 44세 ) 은 피해자 최우우의 소개로 2014. 1. 20. 경 위 회사에 처음 입사한 연변 출신 중국 국적 조선족이다 .

On the same day, the defendant, together with the victims of the same day, was involved in a traffic accident while driving with the victims on board, and continued to drink with the victims at the dormitory of the company.

1. homicide;

At around 21:30 on the same day, the Defendant took the above traffic accidents while drinking with the victims in a dormitory Hand, which are in the amount of reduction and exemption of the amount of fluorous frious fluorous fluorous fluorous fluorous fluorous fluorous fluorous fluorous fluorous fluorous fluorous fluorous fluorous fluorous fluor.

After all, the Defendant collected the gap in which the least friend of the victim, who was under the influence of alcohol, was in a state of breath (18 cm length, No. 1, No. 1) and served as one time with the left chest of the victim who was under the influence of alcohol and two times with the name of the friend, and one time with the friend.

As a result, the Defendant, who was the highest frighter, killed the victim's frighter with his chest head on the 21st of the same month: 01: 10.

2. Attempted murder;

피고인은 제1항 기재 일시, 장소에서 제1항 기재내용과 같이 최우우을 칼로 찌른 다음, 당일 처음 회사에 입사하여 초면이었던 피해자 신호마저도 최우우과 친분이 있다는 이유로 함께 살해하려고 마음먹고 제1항 기재 과도로 피해자 신寧호의 왼쪽 목 부위를 1회, 왼쪽 뺨을 1회 찔렀다 .

피고인은 계속하여 피해자 신靈發에게 " 너 못 나간다, 내가 한 명은 죽였는데 두 명은 못 죽이겠냐 " 면서 공격을 하려고 하였으나, 피해자 신靈靈은 위 과도를 왼손으로 잡아 밀치고 도주하였다 .

이로써 피고인은 피해자 신호호에게 약 10주간의 치료를 요하는 외상성 목의 혈관 및 근육계 손상 등을 가하였을 뿐 피해자 신靈發을 살해하지 못하고 미수에 그쳤다 .

The defendant is a person who is engaged in the operation of a motor vehicle with soflurged vehicle, and the defendant is a person engaged in the operation of a motor vehicle with soflurged vehicle.

1. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes)

On January 20, 2014: the Defendant driven the said car under the influence of alcohol on January 18, 2014, while driving it around 20: (a) driven the said car, and proceeded one way in the way near the DonnamIC located in the Donnam-gu, Donnam-do, in the direction of the Donnam-do shooting range.

Since the place has a central line, in such a case, the defendant who drives a motor vehicle has a duty of care to live well in the front line of course and not to proceed beyond the central line.

Nevertheless, the defendant is inaccurate due to influence of drinking, and the walking is difficult to drive normally, such as a remote distance, and due to the negligence of breaking the central line in violation of the above duty, and the victim 's o' ( South, 44 years old) who was stopped due to the body of the vehicle on the opposite lane, and the front wheel part of the enclosed 3 freight vehicle driven by the vehicle was shocked by the front part of the defendant's vehicle.

As a result, the Defendant suffered injury to the victim, such as spawn spawn, which requires approximately three weeks of medical treatment due to occupational negligence.

2. Violation of the Road Traffic Act (Driving without Permission)

On January 20, 2014: around 20, the Defendant driven the said vehicle without obtaining a driver’s license in a section of about 500 meters near the Dognam-gu, Dognam-gu, the local government of the Republic of Korea.

【Fact of Grounds for Attachment Orders】

As above, the Defendant committed the crime of murder and attempted murder, and in full view of the motive of the crime, the method of taking the crime, the circumstances after the crime, etc., is likely to recommit murder.

Summary of Evidence

[2014Gohap69]

1. Defendant's legal statement;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by the prosecution concerning signal signals;

1. Protocol of inspection, on-site inspection photographs and materials;

1. Records of seizure (oils) and the list of seizures;

1. Each investigation report (Evidence Nos. 2, 3, 15, 20, 21, 22, 34, 35, 37), request for autopsy, report on the results of autopsy of murder cases, report on the results of autopsy of the changed person, report on the results of inspection of the changed person's death, and report on the results of autopsy of the changing person's sexual affairs ( oral opinions);

1. A death diagnosis report, diagnosis report, copy of medical record, request for appraisal, each appraisal report, a gene appraisal request, and an appraisal report;

1. Chapter 13 of a photograph of on-site CCTV CDs, photographic materials of damaged parts of the victim, and a photograph of the CCTV screen;

1. Existing blades (No. 1) seized;

[2014 Highest 191]

1. Defendant's legal statement;

1. The statement made by the police at least 00;

1. A written statement of the preceding 00 statements;

1. A survey report on actual condition, a survey report on the status of a jun-ray driver, a survey report on the jun-ray driver, and an investigation report (the math on the date of the case of the suspect);

1. Diagnosis certificates, estimates, the register of driver's licenses for motor vehicles, and the register of motor vehicles;

1. On-site photographs and photographs of the vehicles;

【Risk of Reoffending】

In other words, the following circumstances recognized by the evidence presented as evidence of conviction and the written investigation before the request for the attachment order: ① the crime of murder in this case is a case of murdering the highest level of the victim who was under the influence of alcohol by the defendant 4 times knife, and the method and contents of the crime are cruel and extreme; ② the defendant attempted to kill the victim signaler who was early at the beginning without controlling decentralization and expressed his violent tendency as it is; ③ the defendant has repeatedly considered the situation or objects of the effication and coercion; ③ the defendant seems to have raised complaints on the rise quantity accompanied by the effication and coercion; ④ the assessment of the risk of recidivism in Korea (KOCR) as a result of the evaluation of the risk of recidivism in this case; ④ the application of the risk of recidivism in this case is found to have a total of 8) risk factors, ④ the middle risk factors of recidivism, and the middle risk factors of recidivism in this case.

Judgment on the argument of the defendant and defense counsel

The Defendant and his defense counsel asserted that the Defendant was in a state of mental or physical disability under the influence of alcohol at the time when the Defendant committed murder and attempted murder. In light of the following circumstances acknowledged by the evidence admitted as evidence of guilt, it cannot be seen that the Defendant had a state of lacking the ability to discern things or make decisions under the influence of alcohol at the time of the crime. Thus, the above assertion is rejected.

① 피고인은 사건 당일 18 : 20경 술을 마시고 운전하던 중 교통사고를 일으켰고, 상대방에게 사과를 하고 연락처를 준 다음 약 15분 가량 걸어서 위 범행 장소인 회사 기숙사까지 갔다고 진술하고 있는바, 당시 피고인은 교통사고로 충격이 상당하였을 것으로 보이는 점, 그럼에도 교통사고 피해자에게 연락처를 남기는 등의 조치를 취한 후 겨울철에 약 15분 정도 걸어 회사 기숙사까지 갔던 점 등을 고려하면, 피고인은 교통사고 이후에 이전에 마셨던 술이 상당 부분 깼을 것으로 보인다 .

② At the time of witness lectures, the Defendant stated that he was a cargo vehicle and traffic accident while driving alcohol to himself at the company dormitory that he was under the influence of alcohol, and that she was under the influence of alcohol at the time of entering the dormitory, and that she was not under the influence of alcohol but under the influence of alcohol by the Defendant at the time of entering the dormitory.

③ According to CCTV images installed outside the company dormitory, immediately after committing the crime, the Defendant took a knife with a knife with a knife and knife with a left hand, and knife with a knife into the dormitory, and knife with a knife by a knife into the knife, and then confirmed the knife of a knife with a knife with a knife on the right side of the dormitory, and then knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a knife with a kn

④ After committing the crime, the Defendant went away from the front door of the company, leaving a taxi and getting on and off the taxi. In other words, the Defendant was arrested by a police officer who was under search and search at the scene of the crime, taking the clothes he was incurred at the time of committing the crime, leaving the passport, flight tag, cash, etc., and after getting off the passport, flight tag, cash, etc., the Defendant was arrested by the police officer who was under search and search around the scene of the crime.

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 murder and the choice of limited imprisonment), Articles 254 and 250(1) of the Criminal Act (the point of attempted murder, the choice of limited imprisonment), Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes (the point of causing danger driving, the choice of imprisonment), Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of unlicensed driving, the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Cumulative Punishment)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Issuing an order to attach an electronic tracking device and matters to be observed;

Reasons for sentencing under Articles 5(3), 9(1)1, 9-2(1)1, 9-2(1)2, and 9-3 of the Act on the Probation and Electronic Monitoring, etc. of Specific Criminal Offenders

2. Scope of recommended sentences according to the sentencing criteria;

(a) First offense: homicide;

[Scope of Recommendation] Type 2 (General Mosing homicide) Aggravation (15 years or more, or more)

【Ad hoc person】 A victim vulnerable to a crime

(b) Second offense: homicide; and

[Scope of Recommendation] Type 2 (Ordinary homicide), Aggravation area (not less than five years, not less than 20 years, or weapons) / In the case of attempted bodily injury - In the case of attempted murder

(c) Third offense: Crimes against the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Risk Driving);

[Extent of Recommendation] General Traffic Accident> Type 1 (Bodily Injury resulting from Traffic Accidents)

【Special Persons in the Republic of Korea】 The case where illegality in the proviso of Article 3(2) of the School Special Act is serious

(d) Final sentence scope due to the aggravation of multiple offenses: Determination of sentence for not less than 15 years and not less than 3. Sentence;

Human life is the highest value to be protected by the state and society, and an act of infringing it is a serious crime for any reason which can not be used.

이 사건 범행은 피고인이 평소 피해자 최우우에 대하여 좋지 않은 감정을 가진 상태에서 피해자 최우우으로부터 질책을 듣자 화가 나 술에 취하여 무방비 상태에 있던 피해자 최우우을 칼로 4회 찔러 사망에 이르게 하고, 나아가 아무런 원한관계가 없고 초면이었던 피해자 신靈靈의 목을 찔러 살해하려다가 미수에 그쳤으나 생명에 대한 위험을 발생하게 한 것으로, 그 동기에 있어서 참작할 만한 사정이 전혀 없고 그 방법 또한 무자비하고 잔인무도할 뿐만 아니라 범행으로 인한 결과 역시 중하다 .

The Defendant’s crime of this case led to the Defendant’s injury to the highest reputation of the victim, thereby no longer being able to observe the process of growing up to her mother. The bereaved family members who were physically killed by the said victim, thereby making it difficult to recover throughout their lives, wanting to be punished against the Defendant in this court. Moreover, the victim’s faith seems to have suffered a serious injury to the physical function, and have to live with the victim’s lifelong suffering and disorders.

Nevertheless, the defendant made a vindication that he is an contingent crime caused by alcohol, and the victims and their families did not have any effort to seek a letter or to receive a letter by being seriously killed for the victims and their families.

Thus, considering all circumstances such as the motive and attitude of each of the instant crimes, the consequences, the circumstances after the commission of the crime, and the nature of the crime, and the unilateral preventive function of the crime, the sentence against the Defendant is inevitable.

However, considering the fact that the defendant has no criminal records over the suspension of execution or heavier, the fact that the defendant is in depth of the result of his own act, etc., the circumstances favorable to the defendant shall be considered, and the punishment shall be determined as ordered in consideration of all other circumstances, such as the defendant's age, character and conduct, family environment, family relationship, etc., and the conditions for sentencing as

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