2018False9 homicide, homicide

A person shall be appointed.

Kim Gyeong-Gyeong (Court Prosecution, Park Il-hee, Lee Jong-il (Court Decision)

Attorney B, C, Public-service Advocates D, E, F

April 17, 2018

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

Seized evidence 1 to 3 (one Ga, one troke, one knife, one knife) shall be confiscated, respectively.

Facts of crime

1. Attempted murder;

On December 17, 2017, 2017, the Defendant: (a) reported on the two ○○○’s cell phone, which calls with the two ○○○; (b) confirmed that the two ○○○○ cell phone, which calls frequently with the ordinary ○○○○○○○, did not have an “out of the phone”; (c) found that the two ○○○○○○○○○○○○○ phone, which calls with the victim and the two ○○○○○○○; (d) sought at the two ○○○○○ house located in the window (hereinafter not mentioned) of the original ○○○○○○○, which was located in the front ○○○○○○○○○○○, a woman living together with the victim, who did not open a door by changing the password, died of the victim and the two ○○○○○, and died of the victim.

Therefore, the defendant put a kitchen knife (26 cm in total length, 15 cm in total length) and a kitchen knife (12 cm in total length) located at the defendant's house located at the window of Changwon-si, in the defendant's house, and 10 cm for kitchen use (24 cm in total length, 12 cm in daily length). The defendant has placed an industrial wall in the defendant's vehicle, and the defendant has an industrial wall on the same day. At around 06 05, 06, 200 a day after the victim started to open the house of the above two o's house, and the victim, who had the two o's house with the two o's house, reported the defendant's play, and tried to take the knife the defendant's house at the same time, and 12 knife the victim's house to the right side of the victim, and 2 knife the victim's house.

2. Injury;

At the same time, the Defendant saw the victim's breast part of the victim's breast part of the victim's chest who felbling with the same violence as the Defendant's Paragraph 1 at home of the above victim's ○○○ (n, 61 years of age). The Defendant saw the victim's kne part of the victim's kne part at several times, which requires approximately two weeks of treatment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol on ○○○ and Kim○○;

1. Each protocol of seizure, the list of seized articles and photographs thereof;

1. A copy of the emergency medical service record, a copy of the emergency medical service log, and a copy of the medical service record for a victim Kim ○○;

1. A written request for appraisal by the National Institute of Scientific Investigation and Investigation, and an appraisal report;

1. Investigation report (in cases of confirmation by the suspect A's on-site intrusion and attachment of photographic materials), and on-site photographs of intrusion routes;

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 257(1) of the Criminal Act (the points of injury and the choice of imprisonment)

1. Attempted mitigation;

Articles 25(2) and 55(1)3 of the Criminal Act

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes within the extent of Aggregate of Long-term Punishment of Crimes of Murder with Excessive Punishment)

1. Confiscation;

형법 제48조 제1항 제1호 양형의 이유 ◈ 법률상 처단형의 범위 : 징역 2년 6월 ~ 22년 ◈ 양형기준상 권고형의 범위 : 징역 3년 4월 ~ 11년 4월

○ Basic Crime: Paragraph 1 of the Judgment

[Determination of Type] homicide 2 Form 2 (Ordinary homicide)

[Special Convicts] Reductions: Non-Punishments

Aggravations: Systematic homicides (Preparation and Possession of Guide to Crimes)

[Recommendation and Scope of Recommendation] Basic Field, 3 years to April 10 to August 10, 200 (in the case of murdering, the lower limit of the recommended sentence shall be 1/3, and the upper limit shall be reduced to 2/3).

○ Concurrent Crimes: Paragraph 2 of the Judgment

[Determination of Type 1] General Injury to Violence Crimes

[Special Escopics] Reductions: Reductions of Punishment, Minor Bodily Injury

Aggravations: Where a person commits a crime by carrying a deadly weapon or other dangerous articles.

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of 2 months to 1 year

-Scope of recommendations in accordance with the majority crime processing standards

징역 3년 4월 ~ 11년 4월 [ = 기본범죄 상한 ( 징역 10년 8월 ) + 경합범죄 상한의 1 / 2 ( 징역 6월 ) ] ◈ 선고형의 결정

◎ 불리한 정상

- The method of the crime is dangerous by assaulting the victim ○○○○, each at night, to make the head and chest of the victim Kim ○○ by preparing a deadly weapon to commit the crime in advance and entering the house by entering the window, and committing the crime at night.

- Around November 5, 2017, the day before the instant crime was committed, each of the victims’ Kim○○, and each of the victims’ two-Os committed violence around November 13, 2017, and each of the victims did not want to be punished against the Defendant, and each of the victims was subject to a disposition of non-authorization.

◎ 유리한 정상

- The Defendant appears to have led to the confession and reflect of each of the crimes in this case.

- The degree of injury suffered by the victims is relatively not serious.

- indicate that the victims do not want to punish the defendant;

- The defendant has no past record of criminal punishment beyond a fine

- The social ties are relatively clear such as Defendant’s mother and her mother and her mother’s desire to take the Defendant’s wife.

◎ 그 밖에 피고인의 나이, 성행, 범행의 동기와 수단, 결과, 범행 후의 정황 등 이 사건 재판 과정에서 나타난 제반 양형 요소를 종합적으로 고려하여 주문과 같이 형을 정한다 .

Judges dedicated to judges

Judges Lee Gyeong-hoon

Judges Gangnam-gu