살인
2014 Murder 2014
A
Lee Jong-hun, and leapon (public trial)
Attorneys Jeon Soo-chul, Lee Jin-jin (Korean)
March 31, 2014
A defendant shall be punished by imprisonment for ten years.
Criminal History Office
On October 10, 2009, the Defendant entered and remarriedd a marriage ceremony with the victim B (nive, 43 years of age) and on October 10, 2009, and resided together in the window C building at Changwon-si and the second floor debt, and was de facto in a de facto marital relationship without reporting a marriage.
The Defendant was in conflict with the victim as a result of living expenses due to an obvious occupation. On December 2013, 201, the Defendant came to know of the fact that the victim was absent from gambling from 1 to 2 years ago, and neglected to take care of his house, and caused a lot of gambling damages. From around that time, the obligees were suffering from her house or her telephone, and there was a demand from the victim to raise money for the repayment of gambling damages, which led to a more serious conflict.
From December 13, 2013, the Defendant, from around 13:00 on December 13, 2013 to the Defendant’s house, solicited the Defendant to “I am to prepare the son’s food at the home of the mother who is in the Changdong,” and several times. However, the Defendant refused the request from the Defendant to prepare for the payment of b-3 million won, which was demanded by the Defendant from around 13:0 to 3 million won, and the Defendant was locked with each other.
At around 16:00 on the same day, the Defendant: (a) accumulated the victim’s body on the part of the victim who was frightened in the bed, and “I do not have to do so even if we move,”; (b) however, when we listen to the phrase “I do not have to do so” from the victim, “I do not have to do so even if I do so, I do not have to do so”; (c) after having seeed the phrase “I do not have money, I do not have money” from the victim at once, I would like to read “I do not have money.”, I would like to say that I would like to read “I do not have money..” In order to kill the victim, I would like to unfold the body on the part of the victim who was frighten in the bed and boomed, so I would have been killed by pressure from the boom.”
Accordingly, the Defendant murdered the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Each legal statement of witness D and F;
1. The actual condition survey report;
1. A copy of the autopsy report and a copy of the autopsy report;
1. The application of Acts and subordinate statutes to each investigation report, reply to each request for appraisal, and written autopsy and appraisal;
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)
Reasons for sentencing
1. Application of the sentencing criteria;
[Determination of Punishment] Ordinary homicide (Type 2) (Special Mitigation Measures)
[Recommendation and Scope of Recommendations] Reduction Area, 7-12 years
2. Determination of sentence: The crime of this case with 10 years of imprisonment is committed by the defendant, in fact, with the victim's wife, such as the question of attending the proceedings with the victim, the money problem, etc., and murdering the victim's neck. The murder is a serious criminal that cannot be recovered from damage in any way as to the act of cutting away the human life with dignity with which the victim cannot be altered, the defendant and the victim's marriage life did not want to be solely responsible for the victim. The victim's bereaved family members, including the minor victim's children, appear to have suffered from the mental shock and pain to the victim, and the defendant did not reach an agreement with the victim's bereaved family members.
On the other hand, there are some circumstances to consider that the victim was causing marriage as a monetary problem due to gambling, and that the defendant listens to the desire of the victim in the situation where the victim had a good appraisal of the victim due to a verbal dispute with the victim, it appears that the defendant committed the crime of this case contingently, and that the defendant committed the crime of this case while recognizing all the facts of the crime of this case, the defendant himself appeared to have committed the crime of this case after 3 days of the crime, and the defendant voluntarily attended and voluntarily surrendered to investigative agencies, and has no record of being punished as violent crime. Each of such circumstances is favorable to the defendant. The punishment shall be determined like the order, taking into account all of the sentencing conditions, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, the motive and consequence of the crime of this case, circumstances after the crime, etc.
jury verdict and sentencing opinion
1. Opinions on whether the person is guilty or not (the identity of the person who commits the crime);
All the seven jurors guilty
2. Ten years of imprisonment with prison labor for an opinion on sentencing: One year of imprisonment with prison labor for a term of nine years: Seven years of imprisonment with prison labor for a term of one person: One person.
The presiding judge, judge and senior citizens;
Judges Cho Jong-soo
Judges Yellow Jin-jin