2021No147 homicide

2021Electric No. 12 (Consolidated) Orders to attach

A

Prosecutor

The stern (prosecutions, requests for attachment orders), and the sternity of a river;

Law Firm Maritime Transportation

Attorney Lee Young-chul

Busan District Court Decision 2020Gohap186, 2020 Decided February 16, 2021

6(Consolidated) Judgment

may 12, 2021

The part of the judgment of the court below regarding the defendant case shall be reversed.

A defendant shall be punished by imprisonment for fifteen years.

No. 1 of the evidence from the defendant shall be confiscated.

The prosecutor's appeal regarding the part of the judgment below for which attachment order is requested shall be dismissed.

1. Summary of grounds for appeal;

Unfair sentencing: The sentence of the lower court (one-twelve years of imprisonment, etc.) is too unjustifiable and unfair.

2. Determination

A. Part of the defendant's case

1) favorable circumstances

① Around August 2019, the Defendant came to know of the fact that the victim had a ○○ and external stress, and thereafter suffered from mental stress. It seems that such mental state of the Defendant seems to have partly affected the instant crime.

② The Defendant provided the victim’s bereaved family members with the agreed amount of KRW 115 million, thereby making efforts to recover damage to the victim’s bereaved family members, and expressed that the victim’s bereaved family members do not want to be punished.

③ After several hours, the Defendant got involved in the instant crime, and talked about the circumstances to her mother, and voluntarily surrendered upon 112’s solicitation by her mother.

(4) A defendant shall not have any criminal records exceeding the same kind of offense and fine.

2) Unfavorable circumstances

(1) homicide which infringes on human life is a very serious crime, in which case it is impossible to recover damage by any means, and which is rationalizing or unable to be used for any reason.

② The Defendant murdered the victim’s head, face, and brue at least 20 parts of the victim’s body, who was found in his/her dwelling place in his/her dwelling place, with the high level of two parts and the inner part damaged. The method of committing the crime is very harsh (in imposing the instant sentence, evidence records 38,56-69 pages ought to be viewed to have taken pictures of the victim’s body). At the time, the Defendant died of his/her family’s pets (Evidence Record 43,45 pages), and the Defendant’s cruel, here.

③ The Defendant committed a cruel crime in a residential space where one’s children are located. This appears to have left a big pain and wound that are difficult to cure the child, and furthermore, it resulted in a result that one’s children are able to cope with the pain of de facto dissolution of a family community, and thus, the possibility of criticism is very high.

④ The crime of this case appears to have been committed by the victim under the uncomfortable fear and pain, and the bereaved family members of the victim also suffered a great mental impulse and pain.

⑤ Some of the bereaved family members of the victim wanted to punish the defendant with severe punishment (the victim's omission agreed with the defendant, but the latter reversed his/her position and continuously tried to punish the defendant), and the victim's s s s s s s s s s s s s s s s s s s s

3) Sub-determination

Considering such circumstances and the defendant's age, family relation, character and conduct, environment, motive and background of the crime, means and method of the crime, circumstances after the crime, the range of punishment under law (five to thirty years of imprisonment), the range of recommended punishment according to the sentencing guidelines (one year of imprisonment), and the range of recommended punishment (one year of imprisonment) according to the sentencing guidelines (one year of imprisonment) and all the sentencing conditions shown in the records and arguments of this case, the sentence of the court below is deemed unfair.

Therefore, the prosecutor's argument of unfair sentencing is justified.

B. The part on the case of the attachment order

1) When a prosecuted case has been lodged with respect to the case, the appeal shall be deemed to have been filed regarding the case of the case of the request for attachment order pursuant to Article 9(8) of the Electronic Device Attachment Act.

2) However, there is no statement in the petition of appeal filed by the prosecutor and the statement of reasons for appeal regarding the claim for attachment order, and even if this part of the judgment is examined by comparison with the records, there is no ground for reversal ex officio.

3. Conclusion

Therefore, since the prosecutor's appeal regarding the part of the defendant's case among the judgment below is well-grounded, it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is judged again after pleading as follows. Since the prosecutor's appeal regarding the part of the case for which the attachment order is requested is without merit, it is dismissed pursuant to Article 35 of the Act on the Attachment of Electronic Devices and Article 364

【Grounds for a new judgment on the part of the Defendant’s case】

Criminal facts and summary of evidence

The summary of the facts constituting an offense and the evidence acknowledged by this court is the same as the entries in each corresponding column of the judgment of the court below, and such facts are cited in accordance with Article 369 of the Criminal Procedure

Application of Statutes

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

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

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

As mentioned above 2-A(a).

Judgment of the presiding judge

Judges Jeong Jin-jin

Judges Kim Jong-hwan