2019 Gohap36 Murder

OO (OOO - 00000), daily workers

Housing marju City

Reference domicile Cheongbuk-gu

Park Labor-Management (prosecutions) but (public trial)

Law Firm Chang, Attorney Kim Chang-hwan

September 19, 2019

A defendant shall be punished by imprisonment for six years.

In case of seizure, one (No. 1), one oil tank (No. 2), one plastic tank (No. 3), and gasoline

approximately 1L (No. 4) of estimated material shall be confiscated, respectively.

Criminal facts

The Defendant, around July 2018, was employed by the victim ○○○ (the age of 49) as a one-time worker in a mechanical device and worked for the Defendant, but did not receive 840,000 won of wages.

On April 28, 2019, the Defendant demanded the Defendant to pay the amount of money by telephone from the Defendant’s home located in Pakju to the Defendant’s house, but the Defendant asked the victim to do so, “The Defendant was willing to give money from the Defendant’s house to the Defendant,” and “the Defendant was willing to give money from the Defendant’s house to the Defendant’s house to the Defendant.”

On April 28, 2019: from 24 to 21:32, the Defendant purchased one unit of 500 square meters at the Scmarket in the Scmarket in the Scmarket in which it is located, and prepared for the commission of the crime, such as making the gasoline containing the gasoline that is entirely disposed of at the beginning of the 500 square meters of the above plastic materials, and moved 10 L to the Gcyeong-gun in which the victim lives on the cargo of the Defendant, where the fluor distribution is carried out.

피고인은 2019 . 4 . 29 . 06 : 40경 경기 양평군에 있는 피해자의 주거지에 도착하여 위 화물차에 보관하고 있던 휘발유를 식초통에 옮겨 담은 후 , 휘발유가 들어있는 식초통 을 들고 피해자의 집 현관문을 발로 차며 피해자를 마당으로 불러낸 다음 , 위 식초통 안에 있던 휘발유를 기습적으로 피해자의 몸에 뿌리자마자 미리 준비해 간 라이터로 피해자의 몸에 불을 붙여 피해자를 살해하려고 하였으나 , 피해자가 불이 붙은 옷을 벗 으며 주변 풀밭에 몸을 뒹굴어 불을 끄는 바람에 피해자에게 약 8주간의 치료가 필요 한 몸통 3도 화상 , 손목 및 어깨와 팔의 3도 화상 등을 가하였을 뿐 그 뜻을 이루지 못하고 미수에 그쳤다 .

Accordingly, the defendant attempted to kill the victim, but attempted to do so.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement on ○○○, ○○○, and ○○○.

1. Certificates of medical certificates and medical records;

1. On-the-spot photographs, on-site and seized objects, pictures of Schlage CCTVs, and records thereof;

record (Evidence No. 39)

1. Protocol of seizure and list of seizure (No. 6, 7)

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Articles 254 and 250(1) of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. The scope of punishment by law: Imprisonment with prison labor for not less than five years nor more than thirty years; and

2. Scope of recommended sentences according to the sentencing criteria; and

[Determination of Type] homicide / [Type 2] Ordinary homicide

[Special Aggravations] Aggravations: planned murder crimes, cruel methods of committing crimes, serious injury

[Recommendation and Scope of Recommendations] Special Aggravation, 5 years of imprisonment, 5 years of imprisonment, 1/3 of imprisonment (the scope of sentence against the crime of attempted murder shall be reduced to 1/3 of the lowest limit of sentence, 2/3 of the upper limit, 20, 20 of the upper limit, 20 years of imprisonment, 20 years or more, 20 years of imprisonment, 20 years or more, 3 years of imprisonment, 20 years or more, 3 years of imprisonment, and 5 years of imprisonment, respectively)

3. Determination of sentence: Six years of imprisonment; and

In the following circumstances, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of all the circumstances.

○ Unfavorable Circumstances: The absolute value of a person’s life cannot be altered, and the crime of infringing is to be strictly punished even if the person committed the attempted crime, and the crime of this case is to kill the victim by attaching the body of the victim, and the nature of the crime is not very high, and the degree of injury suffered is considerably significant, and there is no agreement with the victim or no recovery from damage.

○ The favorable circumstances: The confession, the crime of this case is committed against the attempted attempt, the victim and the victim's desire to talk about the unpaid gold, etc., and the crime of this case seems to have been under the influence of alcohol at the time of committing the crime of this case, and the report was made to 119 by themselves after committing the crime, and there was no record of the crime.

Judges Lee Byung-chul

Judges Lee Jae-ho

Judge Dok-un

1) The written indictment is written as of April 29, 2019, but it is deemed to be a clerical error, so it shall be corrected.