2014 Mahap191 homicide

2014 high-ranking 5 (Joint Medical Treatment and Custody)

Applicant for Medical Treatment and Custody

A, Department of State

Public trial (public trial) and private room (public trial)

Law Firm Maduk, Attorney Gyeong-sik

December 5, 2014

A defendant shall be punished by imprisonment with prison labor for 12 years.

Seized red dives (Evidence No. 1) shall be confiscated.

A candidate for medical treatment and custody shall be punished by medical treatment and custody.

Criminal facts and facts constituting grounds for medical treatment and custody

[Criminal Facts]

Defendant and Applicant for Medical Treatment and Custody (hereinafter referred to as Defendant 2) have been married with B around 2002 and caused the victim C (the 8 years old and the 3 years old and the 3 years old) and D (hereinafter referred to as Defendant 2). From December 2012, 201, Defendant and her husband lost a lot of money in the course of gambling on the Internet, such as ‘bruh by using her husband’s computers.' Accordingly, in order to repay debt and raise money for gambling, Defendant 2 was liable for 66 million won in total in the course of borrowing money from a lending company, and as a result, Defendant 2 was suffering from severe depression.

The Defendant, around April 30, 2014, attempted to commit suicide by avoiding typhane from the 'E located in the Songdong-gun, Busan, Busan, on the following occasions: (a) however, the Defendant was sent to a hospital by the 119 rescue team, which led to the concealment of trees; (b) from around May 2014, the Defendant continued to commit suicide by purchasing two typhanes from the Flusium located in the Seo-gu, Ulsan-gu, Ulsan-gu, Busan, Ulsan-do, for the purpose of treatment of depression, on the ground that there was an uneasible examination without any particular roadway, although he was subject to pain and pharmacologic treatment at a hospital, but did not take the prescribed medication for the purpose of continuing an uneasiness without any particular roadway. (c) At around June 13, 2014, the Defendant was able to commit suicide by again using it.

On June 14, 2014, the following day, at around 30:30, the defendant's house located in Ulsan-si, Ulsan-si, Ulsan-si apartment complex. After his husband's work, the defendant was married after his husband's work, the defendant recently received a demand for the repayment of the loan from the lending company for suicide by using the inorganic shot purchased from the lending company due to the weapons due to depression, etc., and the defendant was willing to kill the victims in the absence of the defendant.

피고인은 위와 같이 우울감, 불안감, 정서적 불안정성 등 우울병 에피소드를 앓고 있어 사물변별능력과 의사결정능력이 미약한 상태에서 피해자들이 아직 잠자고 있는 틈을 이용하여 위 착화탄을 부엌의 가스레인지 위에 올려놓고 불을 피웠지만, 심한 연기와 냄새 등으로 인해 때마침 피해자 C이 잠에서 깨어나자 그녀에게 계속 자라고 말하여 그녀로 하여금 다시 침대 위에서 자게 한 다음, 침대 위에 놓여 있던 베개를 이용하여 피해자의 얼굴을 눌러 피해자를 살해하려 하였으나, 피해자가 깜짝 놀라 소리치며 저항하자 보자기로 끈을 만들어 피해자의 목을 졸라 살해할 것을 다시 마음먹고 , 장롱 안에 있던 분홍색 보자기를 꺼내어 이를 양손에 나누어 쥐고, 피해자의 뒤쪽에 앉아 위 보자기를 이용하여 피해자의 목을 2회 감은 후 이를 세게 졸랐으나, 피해자가 계속하여 몽롱한 상태에서 피고인을 부르며 옆방에 가서 눕겠다라고 말하자, 위와 같이 피해자의 목을 조른 상태에서 옆방으로 피해자를 데리고 간 다음 그곳에서 피해자의 목을 계속하여 힘껏 조르고, 그로 인해 피해자가 몸이 축 늘어져 사망한 것을 확인한 다음, 같은 날 09 : 40경 언니인 피해자가 사망한 것을 모르고 방에 앉아서 텔레비전을 보고 있던 피해자 D의 등 뒤로 다가가, 위와 같은 방법으로 피해자의 뒤쪽에 앉아 위 보자기를 이용하여 피해자의 목을 2회 감은 후 이를 약 10분간 세게 졸랐다 .

Accordingly, the Defendant died of the victim C and D at that time due to their respective pressure.

In addition, the victims were killed.

【Facts of Grounds for Medical Treatment and Custody】

The Defendant committed an offense identical to the above criminal facts in a state that the Defendant lacks the ability to make a decision due to depression, etc., and needs to receive medical treatment at a medical treatment and custody facility, and there is a risk of recidivism.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Records of seizure and the list of seizure;

1. A written result of autopsy (prestigious death C), a written result of autopsy (prestigious death D), a written result of autopsy and appraisal (prestigious death C), and a written response to a written result of autopsy and appraisal (prestigious death D);

1. A mental appraisal report;

1. Scenic photographs;

1. According to the evidence adopted by the court and the evidence adopted by the court as to the necessity of the treatment of the crime, the risk of recidivism, and the H’s mental appraisal statement, ① When the Defendant was forced to repay debts due to debt borrowed in the course of gambling on the Internet, the Defendant experienced severe depression. On April 30, 2014, the Defendant attempted to commit suicide after being sent to the hospital by the 119 rescue team, but was sent to the hospital, and the Defendant was subject to pains and pharmacologics for the treatment of depression, ③ as a result of mental appraisal, the Defendant is currently highly likely to commit suicide, uneasiness, emotional instability, inorganic desire, inorganic desire, inorganic mind, decrease in self-esteem, incompetence, and suicide at the time of committing the crime in this case, the Defendant’s mental symptoms and risk of recidivism are deemed to have been necessary for treatment of the Defendant, and thus, the Defendant’s mental symptoms and risk of recidivism is deemed to have been further demanded to have been given more attention to the Defendant’s mental condition and risk of recidivism.

Application of Statutes

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

Article 250 (1) of the Criminal Code, Selection of limited imprisonment

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 of the Criminal Act

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

1. Medical treatment and custody;

1. Scope of applicable sentences under law: Imprisonment with prison labor of two years and six months from June to June 22.

2. Application of the sentencing criteria;

(a) 1 or 2 crimes;

[Scope of Recommendation] Class 2 (General Murder) Reduction Area (7 to 12) (Special Mitigation (Aggravated Punishment)) (A person with mental disability (a person with no responsibility for himself/herself), and a victim who is vulnerable to a crime; (b) The scope of final sentence due to the aggravation of multiple offenses: 7 years to 18 years

3. Determination of sentence;

Since human life is the most important value that should be protected by the State and society, an act of infringing on it cannot be justified for any reason. However, the defendant murdered two or a stroke of his or her father, who is legally and morally responsible for raising and protecting his or her children, and the responsibility for such crime is very large.

However, during the process of using the Internet lottery tickets, the defendant committed suicide while suffering from heavy depressions, such as excessive debts incurred in the process of using the Internet lottery tickets, and demands for repayment thereof, and the thoughts of children who will grow without the defendant led to the crime of this case in a contingent manner. The actual defendant attempted suicide after committing the crime of this case, but committed suicide by her husband, which was discovered and concealed by her husband. The defendant is divided into a serious mind and against her mistake from the crime of this case to the court immediately after the crime of this case, and the defendant seems to have been suffering from mental suffering added to a lifelong punishment. The defendant seems to have been living together with the death of the victims. The defendant's husband and the father who is the father of the victims also complained of the defendant's wife against the defendant, there is no criminal history, and there is no other criminal history, and the defendant's age, family relation, criminal record, character and environment, methods and methods of the crime, motive and circumstances of all the crime after the crime of this case, etc. shall be determined in full consideration of all the punishment conditions such as punishment.

Justices Kim Jong-soo

Judges Cho Jin-san

Judges Kim Young-young