2013Ma68 Murder, thief

○○○ Kim (86******* 14******) and non-permanent workers.

Residence Daejeon: Not more than the Daejeon Embio-gu

2. Omission of registration at the Cheongyang-gun:

Fluorial rank (prosecutions) and Maternity (Trial)

Law Firm Dong-ju

Attorney Kim Dong-chul

June 14, 2013

A defendant shall be punished by imprisonment for 17 years.

Facts of crime

The Defendant was a person who resides in the roofhouse No. 1(1)(601) in Daejeon Pungdong-dong 90** *, and was in the psychological heating room for the appearance of the Defendant from the time when he was in duty and face to the face.

1. homicide;

On January 23, 2013: 14:30 on the same day from 40 to 14:30 on the same day, the Defendant divided the victim’s right part into 13 cm and 14 knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife, knife knife knife knife knife knife knife knif knif knif knif knif knif knif.

2. Larceny;

The Defendant destroyed evidence at the same date, time, place, etc. as in paragraph (1), such as galloning, and then arbitrarily brought one gallon S3 smartphone at the victim’s market price of KRW 800,000,000, and stolen it.

Summary of Evidence

【Criminal Facts of Paragraph 1】

1. Defendant's legal statement;

1. Statement of the police officer's statement concerning △△;

1. Requests for reports on the results of autopsy surveys, reports on the results of autopsy surveys, reports on field identification of each murder incident, and response to requests for appraisal;

(2013 - C - 556), emergency medical services log, autopsy report, and response to requests for appraisal, respectively.

1. Each video of the scene of the case, the photograph of the defense counsel, and the investigation report (the report accompanied by a photograph of the crime tool and a knife);

1. Statement to the effect that excessive one part of the police seizure records has been seized;

【Criminal Facts of Paragraph 2】

1. Defendant's legal statement;

1. In the record of seizure of police, a statement to the effect that one gallon S3 has been seized by the defendant;

Application of Statutes

1. Relevant Article of the Criminal Act and the selection of punishment for the crime;

Article 250(1) of the Criminal Act (homicide, Selection of limited imprisonment) and Article 329 of the Criminal Act (Larceny, Selection of Imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act / [Aggravation of concurrent crimes (within the extent that the punishment is aggregated with the long-term punishment of the above two crimes)]

Reasons for sentencing

[Scope of Punishment] Imprisonment of 5 years to 36 years

[Basic Crimes] No. 1 Crimes

[Determination of Type] Murder, Ordinary homicide

[Special Persons under Guard] The Act on the Acceptance of Crut Crimes

[Scope of Recommendation] Aggravated Punishment, Imprisonment with labor for not less than 15 years, life imprisonment for more than 1)

[General Mitigation] Voluntary Maternity

[Concurrent Crimes 1] Judgment 2

[Determination of Type] thief for General thief

[General Mitigation] Voluntary reflector, no record of criminal punishment

[Scope of Recommendation] Basic Area, Imprisonment of six months to one year and six months;

[Standards for Dealing with Multiple Crimes]

- From 15 to 36 years of imprisonment (which shall be in accordance with the upper limit of applicable sentences in law);

[Determination of Sentence] 17 years of imprisonment

The crime of this case was committed by the Defendant with multiple sides of face, etc., and the victim who has no awareness or is in an difficult condition to resist against the Defendant, was divided into a part of the victim's brush and a part of the victim's brush and killed in a brush manner. The result of the crime is harsh and there is a brupt of the Criminal Procedure Act.

In addition, taking into account the following circumstances: (a) the Defendant’s act of destroying evidence and concealing the victim’s cell phone in order to prevent the victim’s report; (b) the Defendant made a statement that he was unable to listen to the victim’s cell phone to the police’s search and investigation; and (c) the Defendant’s act of infringing on the victim’s life was of absolute nature and dignity that it cannot be easily divided; and (d) the victim’s bereaved family members want to be punished for the Defendant’s severe damage caused by the instant crime; and (e) the Defendant did not make efforts to reduce the victim’s pain or pain from the victim’s bereaved family members.

However, in light of the fact that the defendant living relatively in a relatively sound manner prior to the crime of this case as the first offender, and that the criminal of this case is divided and reflected, and that the plan to commit the crime of this case is not likely to move to the execution of the crime of this case in advance, the punishment as ordered shall be determined in accordance with the order.

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

Judges Ahn Byung-chul

Judges Hong-han

Judges Jeon Soo-soo

1) The second revision sentencing guidelines shall apply to the murder crime enforced on May 15, 2013.