2015Gohap401 homicide

2015 Gohap445 (Joint) Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)

Residential Intrusion)

2015 and 13 (Joint Medical Treatment and Custody)

2015, 39 (Joint Attachment Orders)

Persons subject to medical treatment and custody and persons subject to attachment order;

A person shall be appointed.

OO,OO (prosecutions),OO (public trial)

Attorney B (Korean National Assembly)

December 17, 2015

A defendant shall be punished by imprisonment for eight years.

One knife, one knife, and one knife, that has been seized, shall be confiscated, respectively.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

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

Facts constituting a crime, medical treatment and custody, and attachment order

【Criminal Power】

Defendant and applicant for a medical treatment and custody and person subject to a request to attach an attachment order (hereinafter referred to as Defendant hereinafter referred to as “Defendant”) were sentenced to three years of imprisonment and medical treatment and custody in Seoul District Court Southern Branch on October 10, 1997, on the ground that he/she attempted to murder any knife in the kitchen knife, but attempted to kill any knife once with the kitchen knife on the ground that the knife explosions.

[Criminal Facts]

1. homicide;

The defendant is a mentally disabled person who has been judged at Grade III with a mental disorder due to a divided club disorder (e.g., mental disorder), and is a person who lacks the ability to discern things or make decisions due to mental illness such as damage loss, impulse adjustment, etc.

On September 4, 2015: around 33, 2015, at the defendant's house located in Yangcheon-gu Seoul Metropolitan Government, the defendant mistakens that robbery was put in danger in front of the defendant's house in front of the defendant's house (total length of 20cm, 10cm in blade length, 10cm in number 5) and went out of the house and boomed with the victim D in front of the defendant's house.

The defendant's "dwarf is" from the victim, "I would like to hear the word of "," and had the victim die at the same fle, which he was aware that the victim would inflict any harm on the defendant, at one time, from the victim's ffle, and caused the victim to die at the fle in his workplace.

2. Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc. and intrusion upon residence);

On April 16, 2015: at around 50, in order to warn the victim G, who is a member of the above church, of the Fridge in Yangcheon-gu Seoul, that it does not commit an illegal act, the Defendant concealed the knife blade ( approximately 19cm in blade, approximately 19cm in the knife, No. 1) which is a lethal weapon, in the retail, and intruded the structure in front of the platform in which the victim was a knife in the new wall.

【Facts of Grounds for Medical Treatment and Custody and Attachment Orders】

The defendant is a person who commits murder as stated in Paragraph 1 of the ruling and needs to receive treatment at a medical treatment and custody facility due to mental or physical disorder, and it is necessary to attach an electronic tracking device to the risk of recidivism, such as re-offending despite the same record as stated in the ruling.

Summary of Evidence

Omission

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 3(1) and 2(1)1 of the Punishment of Violences, etc. Act, Article 319(1) of the Criminal Act (the point of entering a residence with a deadly weapon)

1. Mitigation of mental disorders;

Articles 10(2) and (1), and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Crimes of homicide with Serious Punishment)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Medical treatment and custody;

Article 2 (1) 1 of the Medical Treatment and Custody Act

1. An attachment order;

The reason for sentencing of Articles 9(1)1 and 5(3) of the Act on Probation and Electronic Monitoring, etc. of Specific Criminal Offenders

1. Imprisonment with prison labor for not less than 2 years and 6 months but not more than 22 years and 6 months;

2. Scope of the recommended sentencing criteria; and

(a) homicide;

[Determination of Type] homicide, Type 2 (General Mosing homicide)

[Special Escopics] Reductions - Mental and physical disability (no one shall be responsible for himself/herself)

[Determination of the recommended Area] Reduction Area

[Scope of Recommendation] Imprisonment with prison labor for not less than seven years but not more than 12 years

(b) Criteria for handling multiple crimes: Imprisonment with prison labor for not less than seven years (compliance with the minimum limit of the recommended punishment for murder because there is a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc. and intrusion upon residence) for which no sentencing criteria are set);

3. The crime of this case by the sentence decision is a case where the defendant kills a neighbor in a knife and intrudes a church with a deadly weapon in a state of mental disorder. The defendant's act brings about a serious result that infringes on the most respected value of human life, the victim's family members suffering and suffering from the token that it is difficult to recover, and the defendant has a criminal history that has been sentenced to attempted murder even in the past. In light of the above, it is inevitable to punish the defendant seriously.

However, under the circumstance favorable to the defendant, the fact that the defendant committed the crime in this case in a state of mental disorder due to mental disorder, the fact that the defendant seems to have deteriorated since her family or society without the help of her family or society, etc., are considered as favorable to the defendant. In addition, in comprehensive consideration of the defendant's age, character and behavior, intelligence and environment, motive, means and consequence of the crime, all sentencing factors and sentencing criteria specified in the arguments in this case, including circumstances after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.

The presiding judge's seat

Judges Kim Gon mobilization-

Judge Lee Ho-hoon