2014Gohap441 Murder

Kim Jong-tae (56-years, South) and boiler repair machine

Residential Suwon City

[Reference domicile-si]

Maximum Reserve (Public Prosecution) and doctoral degree (public trial)

Attorney Yoon Young-young (Korean National University)

October 6, 2014

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

A seized kitchen shall be confiscated by one kitchen (No. 1).

Criminal facts

On February 20, 2014, the Defendant was sentenced to one year of a suspended sentence of six months at the Suwon District Court for the crime of indecent act by force, and the judgment becomes final and conclusive on the 28th of the same month, and is currently under a suspended sentence.

The defendant, as the birth of the victim Kim-○ (59 years of age), had been living together in the victim's house for about seven months, prevented the victim from drinking alcohol, and did not prepare the victim's house.

피고인은 2014 . 7 . 12 . 22 : 45경 수원시 권선구 경수대로 2층에 있는 피해자의 집 안 에서 피해자로부터 술을 마시고 들어와 행패를 부린다는 이유로 뺨을 1회 맞자 이에 격분하여 칼로 찔러 죽여 버리겠다고 소리치면서 주방에 있던 부엌칼 ( 칼날길이 19cm , 증 제1호 ) 을 들고 나와 피해자의 명치부위 ( 심와부 ) 를 1회 , 배 부위를 1회 각각 찔렀다 . 피고인은 피해자가 위와 같이 명치와 배를 찔리고 바닥에 넘어지자 피해자의 목을 2회 찌르려고 하였으나 피해자가 오른팔로 막아내어 목을 찌르지 못하고 피해자의 아내 민 QQ의 신고를 받고 출동한 경찰관들에게 체포됨으로써 피해자의 명치 , 배 및 오른팔 에 치료일수 미상의 상해를 가함에 그쳤다 .

Accordingly, the defendant tried to kill the victim, but attempted to do so.

Summary of Evidence

1. The defendant's partial statement in court;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by the prosecutor of the public prosecutor's office concerning Q;

1. Records of seizure and the list of seizure;

1. Seized articles, on-site photographs, internal investigation reports, recording records, investigation reports (the counter-investigations of the victims) and investigation reports;

High Court Decision 200Do450 delivered on June 1, 200

1. A previous record: A criminal record and other inquiry inquiry report;

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

1. Attempted mitigation;

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

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The defendant did not have any intention to kill the victim because he does with knife with the kitchen knife.

2. Determination

The following circumstances acknowledged by the evidence examined above, i.e., the Defendant:

The day of the crime is 19cc in length and the day of the crime of this case was 19cc and the day of the crime of this case was bombed with bombs, which correspond to dangerous things that can kill or injure people. ② The defendant, with the above kitchen knife, has deep knife on the victim's life and part of the ship between the victim and the knife (the oil organization in the above fnife). The possibility of the death of the victim was considerably high due to the danger of mass transfusion. The defendant's knife with the kitchen knife could not be found to have caused the death of the victim by the crime of this case, and the defendant could not be found to have caused the death of the victim by the crime of this case, such as the possibility of the death of the victim's knife's life and the possibility of the death by the defendant's knife's act of attack.

Reasons for sentencing

1. The scope of applicable sentences: Imprisonment for a period of two years and six months to fifteen years; and

2. Scope of recommended sentences according to the sentencing criteria; and

[Determination of Type] homicide, Ordinary homicide (Type 2), Reduction Area

【Aggravated Punishment (Aggravated Punishment)’s serious injury (Aggravated Punishment) , dolusent murder homicides, and Non-Aggravated Punishment(Mitigations)

[Extent of Recommendation] The minimum range of imprisonment for a term of two to eight years (a crime of attempted crimes) for a term of two to four years;

B 1/3, the upper limit shall be 2/3, respectively)

3. Determination of sentence: Imprisonment with prison labor for and six years; and

The Defendant, while living in the family of a friendly victim, is trying to kill the victim who is flickly thought of the Defendant while living in the family of the friendly victim, and tried to kill the victim with the kitchen knife, and the nature of the crime is not good, and the crime of murder is a serious crime that infringes on the life with dignity, and thus, the attempted crime of this case should be strictly punished. Furthermore, the victim was seriously injured to the extent that the victim could have lost her life if she was negligent, and the Defendant committed the crime of this case during the period of probation, and there is a need to strictly punish the Defendant in light of the following:

However, the crime of this case is committed in the attempted crime, although the defendant denies the criminal intent, it is recognized and against it. The defendant seems to have committed the crime of this case in this case with a knife without having taken the knife as a net, it seems that the defendant committed the crime of this case intentionally without having taken the knife, and the victim did not want the punishment of the defendant, and other circumstances, such as the defendant's age, character and conduct, family relation, circumstances of the crime, means and result, etc., which are conditions for sentencing, shall be determined as the same as the order within the scope of the recommended sentence on the sentencing guidelines.

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

For judges of the presiding judge;

Judges Cho Jae-man

Judge Park Jong-hun