2012 Gohap1321 Murder

10,000 won (82years, South)

Accommodation-si

Reference domicile Games

Red (prosecutions) and Fazinary (Public Trial)

Attorney Son Jin (National Election)

April 9, 2013

A defendant shall be punished by imprisonment for not less than two years and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The defendant shall be subject to probation for two years and shall be ordered to provide community service for 80 hours.

Criminal facts

The Defendant, around December 7, 2006, married with the Victim Kim, led to his father around June 15, 2008 and living together with his father. The Defendant left her husband and wife alone by frequently drinking alcohol, drinking her friend, drinking her friend, frequent outing her friend, leaving her husband and wife alone on several occasions, and demanding the Defendant to divorce at the time of drinking only by nature.

The defendant worked at the workplace on August 17, 2012. The defendant was called from the victim to play in his/her natives and beaches, and brought about a dispute by calling his/her her friend with his/her her son and his/her her son. After his/her retirement, the victim was not in his/her friend and her friend in his/her friend in his/her friend, and the head of his/her friend in his/her friend in his/her friend, so he/she was able to get out of his/her friend, and the defendant was able to get out of his/her friend and to get out of his/her friend in his/her friend.

On August 18, 2012, 01: around 00, the Defendant was a shoulderer in diving or a living room above the above residence, and the victim (the victim (the 30-year age) was drinking alcohol at that place, and this end, the Defendant was able to kill the victim by the booming the boom and commit suicide by himself, and herself, so far as the victim was able to engage in a marriage life because it was difficult for him to do so.

As a result, the Defendant attempted to kill the victim, but the victim scam the head on the right and the right and the right and the scam of the victim so that the victim actually died, and caused the victim to have scam aground and aground at several times, and broken the victim's scam.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of Kim Jong-soo

1. A copy of medical records, admission, and written confirmation of discharge;

1. On-site photographs, photographs of the injured part of the victim, internal investigation reports (general) - CCTV-related investigation reports (general) - Jins

record and entry, accompanied by a discharge certificate:

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, the choice of limited imprisonment

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

1. Probation and community service order;

Article 62-2 of the Criminal Act

Reasons for sentencing

【Scope of Punishment】

From June to 15 years of imprisonment;

【Determination of Type】

Type 2 of homicide (Type 2: Murder with Ordinary Mos)

【Special Convicted Persons】

Special mitigation: Minor injury, non-conformity of punishment;

【Determination of the Place of Recommendation】

From 6 years to 10 years of imprisonment;

[Reduction of homicide]

The lower limit of the scope of the above Recommendations shall be 1/3, the upper limit shall be 2/3, respectively.

[Scope of Recommendation Form]

From two years to six years of imprisonment;

[Scope of the revised Recommendations]

From June to June, 2000 (Considering the lower limit of the applicable sentencing)

【Suspension of Execution】

Major reasons for affirmative participation: criminal punishment in the event that there are reasons for special consideration in the motive;

non-existence of minor injury, non-existence of punishment

Positive reasons: There is no criminal record of suspension of execution or more, and subsequent return of relief after committing the crime.

Reasons for negative participation: To destroy or conceal evidence after committing the crime;

[Determination of Sentence] Two years and six months of imprisonment, three years of suspended sentence, two years of probation, two hours of social service, 80 hours of imprisonment;

The defendant tried to kill the victim's breath who was under the influence of alcohol. In light of the statement of the doctor who diagnosed the victim at the time, the defendant's crime of this case is very serious aspect of the examination in that the defendant could have died if he continued to commit a crime even if he was breath.

However, the punishment against the defendant shall be determined in consideration of various circumstances, such as the fact that the defendant fully recognized the crime of this case and divided, that there is no criminal punishment history for the defendant, that the defendant has ceased to commit the crime and prevented the birth of the victim as a result of the death of the victim by shouldering the victim, that the victim does not have the punishment for the defendant, that the victim has not been punished, and that the defendant raises his/her daughter while divorced from the victim.

It is so decided as per Disposition for the above reasons.

The presiding judge shall transfer to and manage a judge.

Judges Park Young-sik

Number of judges exclusive;