2017False homicide 201

A

Park Il-il (Court of Prosecution), Park Il-hee (Court of Justice)

Attorney B (Korean National Assembly)

July 6, 2017

A defendant shall be punished by imprisonment for five years.

One (No. 1) seized net value shall be confiscated.

Criminal facts

The defendant borrowed a large amount of money from the bond company or fire station partnership fees, etc. to a fire-fighting officer in Cfire-fighting division, and was faced with excessive difficulties such as filing an application for individual rehabilitation procedures, and was willing to kill the victims who are families of the other defendant.

Accordingly, around 07:00 on April 21, 2017, the Defendant: (a) entered the place of the Defendant’s residence, which is a dangerous thing located in the new site ( approximately 23cm in total, about 11cm in total) and took the head of the Victim E (the 38 years old), who was the Defendant’s wife, who was diving at the bed (the son, the son), with the head of the above 4 to 5 times away from the lock; (b) the above victim’s head was able to escape from the lock to the above gate; and (c) the victim tried to escape from the above her and thereby, tried to kill the victim’s head from the above gate; and (d) the victim was able to escape from the above gate to the above gate, and (e) the victim was able to kill the victim’s head from the above gate, but she was able to murder the victim’s house out of the ward, and then she was able to kill the victim from the above son.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning E, G and H;

1. Each police statement made to I, E, and F;

1. 112 Report processing table, E emergency recordbook (deposit of past record), F emergency recordbook (deposit of past record), photographic records of the murder attempted case (science investigation team), response to a request for cooperation in investigation (emergency medical services), investigation report (defluence and beracker), suspect and victim's photograph);

1. A gene appraisal statement and opinion on serious injury;

1. Part 21 of the photograph of the victim, taken of his/her body inside and outside of the scene with a trace of blood, and one copy of the photograph of the victim (23 cm in length, 23 cm in length, 11 cm in width);

Application of Statutes

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

Articles 254 and 250(1) of the Criminal Act (Selection of Imprisonment with prison labor)

1. Aggravation for concurrent crimes;

The former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes of murder against victim E with heavier penalty)

1. Confiscation;

Article 48(1)1 of the Criminal Act, reasons for sentencing

(Sentencing Criteria)

Scope of statutory penalty: Scope of recommending punishment in accordance with the sentencing guidelines for five years and 45 years;

○ Basic Crime: Murder (victim E)

[Determination of Punishment] Type 2 (Ordinary homicide)

* Technical Criteria: Murder

[Special Convicts] Grounds for Reduction: The intention of dolusent murder, the reason for aggravation of punishment (including serious efforts to recover damage): The method of cruel crimes, serious injury - attempted injury

[Recommendation and Scope of Recommendations] Basic Field, Imprisonment from April to August 10

○ Concurrent Crimes: Murder (victim F)

[Determination of Punishment] Type 2 (Ordinary homicide)

* Technical Criteria: Murder

[Special Sentencing] Grounds for Reduction: The intention of dolusent murder, the reason for aggravation of punishment (including serious efforts to recover damage): In the case of a victim who is vulnerable to the crime, a serious injury - an attempted injury.

[Recommendation and Scope of Recommendation] Basic Field, Imprisonment from April to August 10, 200

○ Scope of recommendations according to the standards for handling multiple crimes: Imprisonment with prison labor for three years to 16 years);

(1) Unfavorable circumstances

Crimes against the wife, who is a family member of the duty to protect the defendant, and his/her relative;

- Intention of murder with normal dolusence, which is favorable to the presumption that the crime of this case was committed with serious injury, such as the aggravation of the two fears of the victims, due to the above injury and mental shock, is highly high.

contingent crimes

- The defendant's wife, victim E, complaining of the economic difficulties caused by the detention of the defendant, and the defendant's wife and the defendant wanting to be faced with the defendant. In addition, the defendant's age, character and conduct, motive and means of the crime, and circumstances after the crime, etc., all of the sentencing factors in the trial process of this case, including the defendant's age, character and conduct, motive and means of the crime, shall be determined as ordered by the order.

The presiding judge, judge and chief offender;

Judges Kim Gin-soo

Judges flooded Jins