2016Gohap129 Murder and attempted murder

A person shall be appointed.

Residence

Reference domicile

A motionee (prosecutions) and a motionee (public trial)

Attorney ○○○ (Non Line)

September 21, 2016

A defendant shall be punished by imprisonment for eight years.

- one on-line emergency warning (No. 1) and one electric cable (No. 160cm) (No. 2) seized by the Defendant;

A stroke exempted 18 mar (No. 4), a strokere (No. 6) and a smell (No. 7).

d) 1 red shacks (No. 8), 2 macks (No. 10), macks (No. 11) and macks (No. 11)

shall be confiscated;

Facts of crime

On March 201, 2009, the Defendant: (a) she was divorced from her husband; (b) she was her husband; (c) she was her husband B (28 years old); and (d) her husband B (n), C (n, 22 years old); and (c) her husband was her husband’s debt amounting to KRW 100 million; and (d) she was forced to pay debt from her neighbors at any time due to economic difficulties; (b) she was her suicide impulse; and (c) on March 2016, the Defendant was her early 20 women, who were the victims of the unmarried 20 women, might have too difficult to live in the world without the Defendant; and (d) she was her first of all, killed the victims, and finally killed the victims.

1. homicide;

On March 3, 2016: around 00, the Defendant: (a) put 00 ○○ apartment ○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○○, and 5 minutes of water exemption into the Defendant’s house; (b) opened the said house to the victim B; and (c) opened the said house to the victim B; and (d) 04 following the date the victim was locked in depth at the victim’s room at around 00:0, when the victim’s room lacks the ability to distinguish things or make decisions due to depression and borderal personality disorder, the Defendant murdered the victim’s strokeing her upper part of the victim, which was divingd with two fingers, by taking a pipe, and by taking approximately five minutes of 5 minutes of water exemption into two hand, thereby causing death from the victim’s pressure.

2. Attempted murder;

On March 5, 2016, when the victim C returned home at around 00:0, the Defendant 22: (a) put 2 eggs of the water surface in the house of the above Defendant’s living room; (b) put them into the cream, cut off the victim; and (c) let the hacker enter the hacker B’s room; and (d) had the hacker do so; (b) had the hacker do not have the ability or decision-making ability to discern things due to depression and disorder of the nature of boundary, etc., the Defendant: (c) placed two smells purchased in advance at around 00 and tried to kill the hacker by spreading the hacking the hacker’s entrance at the bed of the victim who was diving; (d) tried to kill the hacker’s entrance at around 18:0 on the same day; (c) however, the hacker did not have attempted to do so at around 1800 hack.

Summary of Evidence

1. Defendant's legal statement;

1. Each police protocol against the police police station, the police station, and C;

1. Each protocol of seizure and each protocol of seizure (voluntary submission);

1. Statement of transactions;

1. Three copies of a report on the on-site identification of the crime, a report on the results of the crime, a photograph of the crime, a receipt, a report on the results of the fact-finding on the change, a survey report on the actual condition, a photograph of the current verification, and

1. Investigation report (victim 1) (the first opinion of the autopsy), the request for appraisal (the autopsy and appraisal report) and the request for appraisal (the due diligence);

Electronic appraisal statement), investigation report (a search and seizure hearing report on request for appraisal)

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 (the purpose of murder, the choice of limited imprisonment), Articles 254 and 250(1) of the Criminal Act (the murder)

The attempted charge, and the choice of limited imprisonment)

1. Aggravation for concurrent crimes;

The punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act.

(A) increase in concurrent crimes

1. Mitigation of mental disorders;

Articles 10(2) and 55(1)3 of the Criminal Act (e.g., depression and impairment of the nature of boundary at the time of committing a crime)

As a result, it is judged that the state of mental disability was in the state of mental disability)

1. Confiscation 3)

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

The crime of this case is very serious because the Defendant committed the crime of this case in a planned manner, such as taking the Defendant’s exemption from the number of times the Defendant prepared in advance to the victim B, who is his own father, to kill the victim, and then attempted to kill the victim C, who is a minor son, by drinking the water exemption from the number of times the victim's diving, and then attempted to kill the victim C, regardless of whether the victim was diving. In addition, the Defendant committed the crime of this case on the basis of the law of criminal acts and the relationship with the victims, such as: (a) the Defendant attempted to kill the victim C again after moving the victim B to Vietnam so that the body may not be seen as being the victim C; and (b) in light of the relationship with the victims, it is extremely poor to the Defendant. It is inevitable to punish the Defendant with severe penalty corresponding to his responsibility for the crime.

However, the defendant recognized his mistake and reflects that he had the ability to discern things or make decisions due to depression, border character disorder, etc. at the time of the crime of this case, and the defendant tried to murder the victim C, and subsequently took measures to have the victim C undergo medical treatment. After committing the crime of this case, the victim C was present at the investigative agency after the crime of this case, voluntarily surrendered the defendant, the victim C expressed his intention not to punish the defendant, the defendant is a primary offender who has no ability to commit the crime, and the defendant's family members and figures want to take into account the motive and circumstance of the crime of this case, the defendant's age, personality and behavior, family environment, etc. In addition, considering all the sentencing conditions as shown in the records and arguments of this case including the motive and circumstance of the crime of this case, the defendant's age, personality and behavior, and family environment, the upper limit of the sentencing guidelines of this case shall be determined higher than the sentencing guidelines of the Supreme Court in consideration of the aforementioned unfavorable circumstances.

Judges Doing-ho

Judge Meritorious decoration

Judges Electric Power Notes

1) referring to the victim B.

2) The Defendant’s mental appraisal report 12 pages, etc.

3) Fluore flusing powders (ru) seized shall not be confiscated because they were consumed or destroyed for appraisal and do not remain due to their destruction.

4) Class 1 crime (homicide): Type 1 (Monopoly homicide) (Monopoly homicide) Reduction Area (3 to 5 years).

【A person under special circumstances】 A planned murder

【Special Mitigation Party】 A mentally ill-incompetent, Self-denunciation

2. Crimes (Attempted homicide) : Type 1 (Moscam homicide) : Special mitigation area (one year to three years) .

Since murder is attempted, the lower limit of sentence range shall be reduced to 1/3, and the upper limit shall be reduced to 2/3, but in the case of the lower limit, the lower limit shall be revised to the lower limit of punishment by law.

【Aggravated homicide】

【Special Mitigation Party】 A mentally ill-minded person, self-denunciation, non-incompetent of punishment

* The scope of final sentence according to the standards for handling multiple crimes: 3 years to 6 years;