2013 Gohap49 Murder

A.

Transmission machines (prosecutions, trials)

Attorney B

July 5, 2013

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

The seized Amex 330A air gun, one shot of air gun (including five shots), one shot of air gun (including five shots), one shot of air gun (an shots)

86 air guns, 1 shot guns, and 1 gas sprayers shall be confiscated, respectively.

Criminal facts

From April 20 to April 20, 2013, the Defendant was performing drilling work at the construction site of the “E Camping site” of the victim D (the age of 56) operated in Chuncheon City from around April 20, 2013. On April 23, 2013, the Defendant: (a) took a dispute between the victim and the construction site; and (b) took part in the dispute between the victim and the construction site; (c) heard the horses from the victim; and (d) asked the victim to raise an objection against the victim; and (d) on April 24, 2013, the Defendant kills the victim that “I am away from the victim”; and (e) on the same day, at around 09:0, the victim kills the victim with “I am and am at the campaign site.”

On April 24, 2013, the Defendant possessed air guns, gas guns, etc., kept in F in the Defendant’s residence in Chuncheon City, on April 10, 2013, and tried to find the victim by driving a Gump truck. After discovering the victim in the above camping site and stopping the truck on the nearby road, the Defendant saw the victim as air gun prepared in advance at the above truck driver’s seat, and emitted one ball gun on the right side of the victim by launchinging one ball and launching the victim at approximately 51 meters of air gun. After flying, the Defendant launched one ball gun for the victim.

Then, the Defendant parked the above truck in the above camping place, citing the gas gun prepared in advance, and followed the victim, thereby blocking the victim from the above camping place, and thereby threatening the victim.

On the other hand, the Defendant continued to drive the above truck in the direction of H in the direction of the house near the above camping site, and discovered the victim who was seated above the house of H, stopped the above truck on a nearby road, and then launched two ball cartridgess from the above truck driver's seat to the victim who was air gun at approximately 56 meters. The Defendant attempted to kill the victim by launching two ball cartridges by driving the victim again from the above truck. However, the Defendant attempted to kill the victim by launchinging two ball cartridgess by driving the victim again from the above truck. However, the Defendant failed to bring about about four weeks of the victim by driving the truck in the direction of the direction of escape.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. The police statement of H;

1. Investigation reports by each prosecutor (verification of arrest circumstances of a suspect, hearing of witness H phone statements, hearing of victim D phone statements);

1. Statement of seizure of each police;

1. The actual condition survey report;

1. A written appraisal;

1. A medical certificate;

Application of Statutes

1. Article applicable to criminal facts;

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

Reasons for sentencing

1. The scope of punishment by law;

From June to 15 years of imprisonment;

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

[Determination of Death] Ordinary homicide

[Special Convictd Persons] Reductions: Non-Mitigation of Punishment

[General Sentencing] Reduction element: Inducing the victim(general), serious reflectiveness

[Decision of the Recommendation Area] Imprisonment of 7 years to 12 years (Reduction Area)

[Attempted Reduction of Death] Reduction of 1/3 of the lowest limit of the recommended sentence, and 2/3 of the upper limit;

[Scope of Recommendation] Imprisonment of 2 years and 4 months to 8 years

[The scope of revised recommendations] Imprisonment of two years and six months to eight years (the lower sentence shall be governed by the applicable sentences of law). Determination of sentence

In order to kill the victim, the defendant used air gun to kill the victim, and even though the defendant suffered from an injury necessary for four weeks of treatment by making one air gun into the victim, it is inevitable to punish the defendant with severe punishment, considering the fact that the defendant has continuously been driving away the damaged person and has emitted five air guns or more.

However, the defendant led to the crime of this case in a somewhat contingent and contingent manner, arguing the dispute between the victim and the construction cost, and the defendant is under the influence of alcohol, and the defendant is under the influence of alcohol, the defendant has no record of criminal punishment of the same kind, the injured person is in the preference of the defendant by concluding an agreement with the victim, the defendant's will submit a written application to submit it to the defendant, and the defendant's will take the preference of the defendant, and all other circumstances constituting the conditions for sentencing, such as the defendant's age, character and conduct, and environment, shall be determined within the recommended sentence range of the sentencing guidelines.

Judge in charge of Second Instance

Long-term Private Telecommunication

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