2017 Gohap209 homicide

A

Kim full-time (prosecutions) and a chief public trial (public trial)

Attorney B (Korean National Assembly)

November 9, 2017

A defendant shall be punished by imprisonment for seventeen years.

One knife (No. 1) seized by the defendant shall be confiscated.

Criminal facts

The Defendant, from April 2012 to April 2012, living in the house located in Kimhae-si, and living in two places after being allocated Kimhae-si 206 Dong 902 around 2014, and the victim E (the age of 71) was the neighbor of the Defendant who resides in Kimhae-si F.

On August 19, 2017, around 17:00, the Defendant: (a) returned home of the victim on the ground that the passenger’s vehicle, who was found in the house of the victim, was set up in the village road and the vehicle traffic was not good; (b) the Defendant entered the house of the victim; (c) took a bath for the victim; and (d) took a dispute with the victim.

이후 피고인은 2017. 8. 26. 18:05경 위 C에 있는 피고인의 집 마루에서 술을 마시다가 소변을 보기 위해 대문 밖 길가에 있는 화장실에 갔다가 나오던 길에 맞은 편 텃 밭에서 일을 하고 있던 피해자를 발견하자 그 전 주차 문제로 시비하면서 피해자로부터 욕설을 들은 것이 생각 나 피고인의 집 마루에 있던 흉기인 식칼(전체 길이 28cm, 칼날 길이 16cm)을 들고 피해자가 있던 텃밭으로 갔다.

Although the Defendant stated a complaint against the victim’s desire theory at the time of the above one week in the said garden and demanded the victim’s apology by knife with the victim’s knife at the time of the above dispute, the Defendant stated that the victim’s knife “s knife...............” on the ground that the victim’s face was knifeed by the victim, 2 times in the above knife, 4 times in the above knife, 5 times in the knife, 8 times in the knife, 8 times in the knife, 5 times in the knife, knife, and knife in the knife, caused the victim to die with a low-

Accordingly, the Defendant murdered the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, J, and K;

1. Investigation report (for example, the notification of wire on the victim's house on the date when parking problems arise), investigation report (for example, correction of the date when the suspect and the victim have been claimed), investigation report (for example, the notification of wire on the result of an urgent gene appraisal), investigation report (for example, the notification of wire on the 119 first aid report), investigation report (for attachment to the 119 first aid report), investigation report (for the notification of wire on the result of an emergency gene appraisal by the suspect and the victim), 1. The body list at the scene of the change, body list at the scene of the change, body list at the scene of the change, corpse list (for scientific investigation personnel), body autopsy report, scene and photo of the victim, examination report, examination report, request for appraisal report;

1. 12 reported case handling table, respectively;

1. Existing existence of a seized blade (No. 1);

Application of Statutes

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)

1. Confiscation;

The reason for sentencing under Article 48(1)1 of the Criminal Act shall be the range of applicable sentences under law: 5 years to 30 years of imprisonment.

The actual contents of recommendations according to sentencing criteria shall be scope of recommendations.

[Determination of Punishment] Type 2 (Ordinary homicide)

[Special Aggravationd Persons] Reduction Elements: Crust Measures for Aggravationd Persons: Crust Measures for Punishment of Crimes

[권고영역 및 권고형의 범위] 가중영역, 징역 15년 ~ 무기이상 ◈ 선고형의 결정

(6) Unfavorable normal-defendants of the defendant, such as killing a victim knife at 15 times with a knife, are cruel.

- Members of the bereaved families

◎ 유리한 정상

The Defendant reported 112 immediately after the crime of this case, and voluntarily surrendered to the police, and all of the facts of this case led to a confession and reflective attitude.

The Defendant’s family member’s wife

◎ 그 밖에 피고인의 나이, 성행, 범행의 동기와 수단, 범행 후의 정황 등 이 사건 재판 과정에서 나타난 제반 양형 요소를 종합적으로 고려하여 주문과 같이 형을 정한다.

The presiding judge, judge and chief offender;

Judges Kim Gin-soo

Judges flooded Jins