(영문) 부산지방법원 2008.11.10.선고 2008고합592 판결

A defendant shall be punished by imprisonment with prison labor for twenty years. The number of days under detention prior to the pronouncement of this judgment shall be included in the above sentence. The excessive one (No. 1) seized shall be confiscated.

Reasons

Criminal History Office

1. The occupation of robbery;

On August 17, 2008, the Defendant, at around 22:25, entered the above in the first floor through the entrance opened in the above in order to steals money and valuables, possessing the transition (20 cm in length, 10 cm in a knife length) as a dangerous object for the victim 51 (nife, 49 years of age) located in the Busan Bnsan-gu 4-dong, Busan.

The Defendant discovered that V1 is self in the above brigade guide room, and tried to open the entrance door of the guide room in his hand and steals the property by entering the entrance, but he was discovered to V1, but he was found from mail, but he was found to have been in his possession for the purpose of evading arrest and destroying the trace of the crime, and the victim was killed with knife.

On August 18, 2008, the Defendant murdered 51 by causing the death of the spacker in the chacker's body part of the 51 knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife of the knife.

2. The occupation of attempted robbery;

The defendant continued to listen to the V1's high brine of V1, and the victim V2 (the 60-year-old 60-year-old her husband), who was the husband of the V1's her husband, was able to kill the knife with the intention of evading arrest and destroying the trace of the crime.

From the back of V2, the Defendant tried to kill the body of the Defendant twice again by making up 3 times the above V2, so long as knife the body of the Defendant, the Defendant tried to kill knife twice the knife of the above V2, but knife knife the Defendant by hand, and knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife.

Summary of Evidence

Omission

Application of Statutes

1. Article applicable to criminal facts;

Article 338 of the Criminal Act, Articles 342 and 338 of the Criminal Act (the fact of attempted robbery and the selection of life style)

1. Mitigation of juvenile offenses;

Articles 2 and 60(2) of the Juvenile Act, Article 55(1)3 of the Criminal Act

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 of concurrent crimes with punishment prescribed for robbery with heavier robbery)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;

1. The reason for sentencing under Article 48(1)1 of the Criminal Act is as follows: (a) while the Defendant was absent from high school without mind after leaving school and going out to do so, the Defendant was trying to steal money and valuables by entering the part of the victims who are close to his school at the time of the aged; (b) but as the victims were discovered, one of the victims was knife and the other was seriously injured; (c) one of the victims was knife; and (d) the other was seriously injured. At night, at night, a person who tried to take money and valuables, carrying a deadly weapon and intruded with a deadly weapon is not easy to commit the crime; and (d) the Defendant’s minor behavior was committed by the Defendant, even though he was a juvenile, considering these circumstances as alleged, it cannot be regarded as a crime of life imprisonment or imprisonment with prison labor, and even if so, it cannot be explicitly defined as a crime of life imprisonment or imprisonment with prison labor.

2. Through the crime of this case, the defendant was suffering from a serious sliffing and living together with his bereaved family members for a long time of 30 years, and one of the married couple was love with one another, and the one did not sliff the peace of one family, such as the victim's sliffing of her wife by suffering from heavy wound and hiding her wife at the scene of the crime, and the victim's lives without being able to live together with his or her mother on his or her mother, and his or her life was neglected. Although it is difficult for the State and society to view that the victim's sliffe and sliffe as a witness of the crime of this case, the victim's sliffe as well as his or her husband's first priority to protect him or her. Moreover, it is difficult for the victim to think that the victim's sliffe and her family members were living with his or her husband's family members at the time of the crime of this case.

3. However, the determination of punishment should be taken into consideration, such as the fact that the defendant has no memory but only the result of the crime is dead, the fact that there is no criminal record significantly punished in the past, and the fact that he is still a juvenile under 18 years of age;

4. To comprehensively consider the nature and conduct of the defendant and all other circumstances attached to the sentencing, including family environment, to determine the punishment for the crime of this case by hearing the jury’s opinions within the scope of the prison term subject to the reduction of juvenile offenses and concurrent criminal punishment, within the scope of the prison term.

5.For the same reasons as above, it is so decided as per Disposition after a participatory trial is conducted at the defendant's wishes.