2015Written Murder 25 homicide

A (69 years, South Korea), and daily workers

Kim So-young (Court Prosecution) and Kim Un-young (Court Decision)

Attorney Kim Gyeong-soo (Korean National Assembly Line)

July 3, 2015

A defendant shall be punished by imprisonment for four years.

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

Criminal facts

【Criminal Power】

On July 16, 2010, the Defendant was sentenced to three years of imprisonment for a crime in violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) at the Ulsan District Court (a group, deadly weapons, etc.) and completed the execution of the sentence at the Seocheon Prison on May 15, 2013.

[Criminal Facts]

After the release on May 15, 2013, the Defendant: (a) from the time of the release on May 15, 2013, the Defendant was living in the residence of the Defendant’s mother Kim ○○○○○, Ulsan-gu, U.S. 322; (b) the victim, who was a resident of the Defendant’s mother Kim ○○ (60 years of age), the victim’s maximum ○○ (59 years of age), and both husband and wife, and several conflicts due to inter-floor noise; (c) around 00, at the time of the visit on January 21, 2015: (d) the victims were influencing the Defendant, and (e) the situation where the victims were living in the victim’s dwelling, which was large from the victim’s emotional 00:00 years of age.

Therefore, the Defendant discovered a brue Dog (type 1, weight 400g, total length of 30cm) in the brue 322 on January 13, 2015, at around 30:30, the Defendant asked the victims to open a brue for brupting the door to brupt 332 of the brue, and demanded the victims to open the brue for brupt brue, by pretending the brue 332 of the brue brue brue, with the left hand of the brue brue, which was hidden after the body of the Defendant’s hand, respectively.

In addition, the Defendant: (a) observed the above situation, and entered into 332 meta, “Woo-man,” Ba-Ba, Ba-man, at the entrance of the living room, set the two parts of the victim’s upper right side after the victim’s upper right side at one time at the entrance of the living room; and (b) set the part of the victim’s upper right side to the victim’s upper right side; and (c) cut off the same part at once by the victim’s upper right side to the victim’s upper right part; and (d) the victim’s upper right part to the victim’s upper right part; and (e) the victim’s upper right part to the victim’s upper right part.

In addition, the Defendant found the victim's yellow ○ in front of the above 332 Bara 332 that she she slicked the head with both hands, and she sleeped the pain. As such, the Defendant attempted to do so by sleeping the victim's net fingers and the part of this end at the same time with the victim's yellow ○○'s net fingers and the part of this end, which she sleeped one time, and coming back from the outside of other neighbors, with the sense that other neighbors want about two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecutor about the victim ○○, the last ○○;

1. The written statement by each police officer against the victim ○○, the largest ○○;

1. Ratifications (written requests for appraisal and written results of appraisal);

1. Statement of seizure of police;

1. An investigation report (a written confirmation of diagnosis and an emergency room attached), an investigation report (a statement of the victim, etc. attached);

Investigative Report (Attachment of Damage Photographs), Investigative Report (Attachment of Doggrams) (Attachment of Doggrams)

1. Report of internal investigation (it shall be filed against emergency arrest);

1. On-site identification reports, reports on results, on-site photographs, photographs of deadly weapons, photographs of victims of their injuries, and cooperation in investigations;

(FAX of the City Hospital (FAX of the City Hospital: ○○, ○○), the request for investigation cooperation, and replys related to requests for 112 declarations;

Certificates of medical treatment, records in an emergency room, records in an outpatient, reports on the results of reading, and the status of the victim's injury;

Three photographs, photographs

1. Previouss before ruling: Criminal history records, investigation reports (verification of the date of release from prison and attachment of judgment), individuals;

The status of reduction / confinement, judgment

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. Aggravation for repeated crimes;

Articles 35 and proviso of Article 42 of the Criminal Code

1. Attempted mitigation;

Articles 25(2) 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 (Crimes by Yellower ○○○)

Aggravated Punishment for homicide (Aggravated Punishment for homicide)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. The scope of punishment by law: Imprisonment for a period of two years and six months through thirty seven months;

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

[Scope of Recommendation Form]

Type 2 (Murder in Ordinary homicide) Reduction Area (2 years to 8 years)

* Short-Form : Murder

[Special Mitigation]

Minor injury (including injury without injury) - In the event of attempted injury

3. Determination of sentence;

The crime of this case was committed by the Defendant with a view to murdering the victims by using a string of mind while the Defendant had a conflict with the victim due to noise between the victim’s husband and wife. In full view of the background of the crime, the background of the crime, the form of the crime, and the characteristics of the implements of the crime, etc., comprehensively considering that the Defendant, who is pretended to be a home-based engineer, was committed by having the victim YO, opened a door, opened a door, opened a door, etc., it is very heavy circumstances; the victims want to be punished against the Defendant; the Defendant was sentenced to three years of imprisonment due to a violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) and completed the execution of the sentence, and then committed the crime of this case during the period of repeated crime, etc., which is disadvantageous to

However, the punishment as ordered shall be determined by comprehensively taking account of the following: (a) the Defendant has led to his confessions and reflects on all of his own crimes; (b) the fact that the instant crime appears to have occurred as a result of multiple contingencys; (c) the victims suffered injury requiring treatment for about two weeks; (d) the degree of injury to the victims is relatively heavy; and (e) the Defendant’s age, character and behavior, family environment; (e) the motive and background of the instant crime; (e) the means and consequence of the instant crime; and (e) the application of the sentencing guidelines by both Supreme Court and the Supreme Court, including the circumstances before and after the instant crime.

The number of judges in the presiding judge

Judges Choi Jae-won

Judges Choi Min-young