2015Gohap393 homicide, attempted murder and harboring property

A person shall be appointed.

○○ (Lawsuits) and ○○ (Public Trial)

Law Firm ○

Attorney 000

February 18, 2016

A defendant shall be punished by imprisonment for five years.

one knife for camping (No. 1) and one knife (No. 2) shall be confiscated, respectively.

Facts of crime

The Defendant, from July 2015 to November 13, 2015, was investigated as a criminal suspect in the case of assault, etc. at the Dobong Police Station from around 30 to 14:54, by assaulting the victim on November 9, 2015 and on November 11, 2015.

The Defendant, immediately after that, she did not look at the fire, and moved the victim's residence to ○○-ro, Gangnam-gu, Seoul, to ○○○○-ro, and brought the victim back to her home without having an excessive (12 cm in blade length) being kept on the OOO ○○-ho, operated by the Defendant, and she her home without having an excessive (12 cm in blade length).

1. Attempted murder;

At least 17:40 on the same day, the Defendant discovered that the victim goes home on and out of the residential elevator, and attempted to murder the victim by fincing the shoulder, fin, face part, etc. of the victim by fincing the above elevator, but the blade (2.5cm in finc blade) was displayed on the back part of the victim's left back and back, and did not murder the victim and attempted to do so.

2. Concealment of property;

The Defendant discovered that the victim made a 112 report using his mobile phone devices at the same time and place as paragraph (1), and concealed it by taking the victim’s cell phone device over the market price, which is the victim’s ownership, to prevent the victim from making any further report, in a way of throwing away it into the front restaurant parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. B’s statement statement made by the police on November 13, 2015;

1. Each protocol of seizure and the list of seizure;

1. Requests for each appraisal;

1. Investigation report (in-depth inspection), investigation report (in-depth inspection report and attachment of site photographs), investigation report (in-depth inspection of the victim mobile phone removal situation), investigation report (in-depth investigation of the blade length used for committing a crime), investigation report (in-depth investigation of the blade length used for camping);

1. A medical certificate;

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 (the attempted murder, the choice of limited imprisonment) and Article 366 of the Criminal Act (the point of harboring property and the choice of imprisonment)

2. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes of homicide with Punishment heavier Than Punishment (In addition, to the extent that the punishment is aggregated) under the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act

3. Confiscation;

1. The scope of applicable sentences under law: Imprisonment with prison labor for 5 years to 33 years;

2. Scope of recommendations according to the sentencing criteria;

(a)an attempted murder;

[Determination of Type] homicide, Type 2 (General Mosing homicide)

【Aggravated homicide】 Aggravated homicide

[The scope of recommendations and recommendations] Aggravation, 5 years of imprisonment to 20 years 1)

(b) Concealment of property;

【Determination of Type】 Destruction Crime Group, General Criteria, Type 1 (Destruction of Property, etc.)

【No Special Convicted Person】

[The scope of recommendations and recommendations] Basic sphere of recommendation, 4 months to 10 months. Application of multiple crime processing standards: Imprisonment for 5 years to 20 years ( = 20 years + 5 months + 10 months ( = 10 months X1/2)];

3. When the sentence decision of sentence was requested by the victim living together to take a hedging and assault the victim to undergo a police investigation, the crime of this case was committed, and the victim living together with the victim tried to kill the victim who had come home in the elevator and attempted to kill the victim in the way that he prepared in advance in the elevator, and the nature of the crime is not very good in light of the circumstances of the crime, means, and contents. The victim appears to have been exposed to extreme fear and shock, such as the victim feel a threat of life due to the crime of this case. The circumstances after the crime of this case are not good, such as hiding the victim from mountain to the time of arrest. In light of this, the defendant cannot be held liable corresponding to the liability for the crime of this case.

However, the Defendant recognized that all of the instant crimes were committed, and has a depth of his mistake.

There is no specific criminal punishment for the accused, in addition to the three-time criminal records of a fine. In full view of these circumstances favorable to the accused, the victim shall be deemed to have suffered from a disability after recovery and not to have an obstacle to his/her life. In full view of the following circumstances, the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the sentence shall be determined as per the disposition.

Judges Kim Jong-sung, the presiding judge

Judges Park Jong-il

Judges Sung-Gyeong-sung

1) The scope of the recommended sentence of the aggravated category No. 2 is 15 or more years of imprisonment, and the scope of the recommended sentence of imprisonment or attempted murder shall be the lowest limit of the scope of the sentence.

B 1/3, the upper limit shall be reduced to 2/3, respectively, and the term "weapons" shall be reduced to not less than 20 years, "not less than a term" shall be reduced to not less than 20 years, "not less than a term" shall be reduced to not less than 20 years, and "a term", respectively.

Therefore, the scope of recommendation is from 5 years to 20 years.