208 Highly 450 homicide

A (50 years old, South, and North)

Jin-sicking

Attorney Cho Fung-ok (Korean)

September 19, 2008

A defendant shall be punished by imprisonment for seven years.

The 90 days of detention before this judgment is sentenced shall be included in the above sentence.

One cuti (Evidence No. 1) and one cut (Evidence No. 2) on which a seizure has been made shall be confiscated.

Criminal History Office

After the Defendant was 18 years of age, he did not fry a man's sexual shot, and she did not fry a man's sexual shot, and recently, the Defendant sold a rubber line with a woman in the gravel market located in the Southern-gu Busan Metropolitan City.

Around October 2005, the Defendant, without any justifiable reason, was faced with her head in the middle atmosphere from the victim V (the age of 45) and faced with her head in the above gravel market around winter and around February 2006, without any justifiable reason from the victim, and without any reason, her head in the above gravel market around February 2006, the Defendant got her harassment from the victim, such as her shocking and her winding away from the victim in front of the public cremation room in the Seo-gu, Seo-gu, Busan Metropolitan City.

피고인은 2008. 6. 21. 01:00경 부산 중구 다세대주택 1층 피고인의 집에서 잠시 바람을 쐬러 나갔다가 자갈치 시장에서 우연히 피해자를 만나 같이 술을 마시고 다시 집으로 데리고 와서 함께 석류술을 소주에 타서 마신 후 피해자가 종용하여 피고인이 여자 역할을 맡아 항문 성교를 하였다.

At around 05:30 on the same day, the Defendant brought about the victim's mind that the victim was able to die, or that he was faced with her clothes, and brought about her neck by hand from the victim's side to the victim's neck, and then brought the wheel into the victim's neck, and then, her wheeled so far as she is hard to her soften, so far as she can her left knife into the left hand, thereby killing the victim.

Summary of Evidence

Omission

Application of Statutes

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

Article 250(1) of the Criminal Act (Appointment of Imprisonment for Imprisonment)

1. Inclusion of days of detention in detention;

Article 57 of the Criminal Act

1. Confiscation;

1. The reason for sentencing of Article 48(1)1 of the Criminal Act is as follows: (a) the crime of this case was committed on the ground that the grass, which was known to be adjoining neighbors, was satisfyed by killing the victim with the intention of killing the victim and satisfing him; and (b) the means and methods of committing the crime are harsh and is serious.

2. Human life is a large and small legal interest that cannot be altered with what value is set forth in the world, and it is a human being to help people live together and to solve the problem in good faith. Nevertheless, on the ground that the victim was deprived of age 18 due to an accident, it is deemed that he/she has lost his/her sexual function as a man for a certain period of time and would have been responsible for it in any form, such as resolving the victim's satisfying and satisfying sexual intercourse (the defendant stated that he/she received money on the day of the case and satisfying him/her), and that he/she cannot be able to obtain motive for such act, and that he/she cannot be able to take reasonable measures to prevent the victim from committing an indecent act before and after the death of the victim, and that he/she cannot be understood as having no other means to protect him/her by means of violence, such as satisfying, even if he/she had no possibility to do so.

3. However, it is recognized that the Defendant reported the victim's death after the victim's death at first time, and that all of his criminal acts were committed from the police two times to the present court, and that the Defendant committed a misunderstandings in depth. The Defendant had a long time of life without family members, such as selling a small amount of household goods, such as rubber lines, and saving life, and has been living in a long time, and the Defendant has been forced to commit an abnormal form of sexual intercourse with the victim by committing violence due to the bucking of the victim, etc., and the Defendant had been forced to commit an indecent act from the victim for a long time. As such, the Defendant has consented to the Defendant's appeal that the victim suffered from violence and indecent act from the victim for a considerable period of time, and even on the day of the instant case, there is room to regard that the Defendant was sexual intercourse with the victim, and thus, the Defendant might have been subject to treatment of the instant case by taking into account the symptoms of normal alcohol addiction.

4. It shall be determined and sentenced as ordered by the Acts, comprehensively taking into account the defendant's age, character and conduct, home environment, motive, means and consequence of the crime, and the circumstances after the crime, within the scope of the term of punishment, and the punishment for the crime of this case is to be imposed.

Chief Judge, Senior Judge and Senior Judge

Judges Kim Gin-ok

Judge No. Doingk