2013 Maz. 43 Robberys

A

Prosecution, trial, and transmission file (public trial)

Attorney B

September 6, 2013

A defendant shall be punished by imprisonment with prison labor for fifteen years.

Part 4 of the right of 10,000 won seized (No. 3), Part 2 of the right of 1,000 won (No. 4) to the heir of the victim C

Each return shall be returned.

Criminal facts

From March 26, 2013 to March 31, 2013, the Defendant, while staying in the house of the victim C (n, 86 years of age) located in Gangwon-gun E, Gangwon-do, and going for gambling with the residents of the Dong, lent KRW 50,000 to the victim on March 28, 2013. On March 31, 2013, the Defendant borrowed 50,000 won from the victim as the victim. On March 31, 2013, when the victim’s house was located in his/her house to return home, he/she did not receive any money while he/she was unable to repay the money at the victim’s request. The Defendant was willing to kill the victim, murder the victim, and carry with the money of the victim.

At around 21:40 on March 31, 2013, the Defendant returned back to the victim’s house on the doping that there is no money there, and around 23:00 on the same day, the Defendant confirmed that the victim was divingd in the ward, and confirmed the victim’s spawn, with the electric flag of the rooftop string, the victim was frighted, so long as it is difficult for the victim to cut down the neck of the victim, and caused the victim to die by light pressure at the same place, and thereafter, 130,000 won of the cash owned by the victim was deducted from the victim’s spawn.

Accordingly, the defendant took the property of the victim and murdered the victim.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Each police statement made to D or F;

1. Police seizure records;

1. Each police investigation report (as identified in theCCTV, on the site of the case, on the money of the victim taken by the suspect A, on the part of March 31, 31, as confirmed, on the part of the suspect A, on the money of the victim taken by the suspect, on the part of the suspect, on the collection of 1,000 won worth and on the result of genetic appraisal)

1. Report of internal investigation by the police (verification of casino entry and mobile phone numbers used);

1. A written result of autopsy;

1. A written autopsy and appraisal;

1. A gene appraisal request, appraisal report, etc.;

1. Answers to the G Co., Ltd.;

1. A corpse photograph, CCTV photograph, Defendant's hand photograph, CCTV photograph, and photograph at the scene of the crime, front photograph, etc.;

1. One (No. 1) of the horns of rhinoceros and one of the train passes (the arrival of a blue light);

Application of Statutes

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

Article 338 of the Criminal Act

1. Discretionary mitigation;

Articles 53 and 55(1)2 of the Criminal Act (The following consideration for favorable circumstances required for the reasons for sentencing):

1. Return:

Article 333(1) of the Criminal Procedure Act

The defendant and defense counsel's assertion

The Defendant and his defense counsel did not murder the victim for the purpose of taking property rights, and murdered the victim in the form book in which the victim took the bath and insulting words, and subsequently brought about money in the victim's seat. As such, the Defendant did not have any strong intention to commit the crime of murder and larceny. Accordingly, the Defendant asserts that the crime of this case constitutes murder and larceny, and does not constitute robbery.

The following circumstances can be acknowledged by this court. ① Even if the Defendant lost 50,000 won in G casino and applied for access restrictions, the Defendant did not use his/her own house to return 60,000 won to the applicant for access and borrowed 50,000 won from the Defendant’s house to Seoul, the Defendant did not use his/her house to kill the victim, and the Defendant did not use 50,000 won after he/she got out of his/her house to kill the victim. 60,00 won after he/she got out of his/her house, the Defendant did not use his/her house to kill the victim. 60,000 won after he/she got out of his/her house. 60,000 won after he/she got out of his/her house. 60,000 won after he/she did not use his/her house to kill the victim, and the Defendant did not use his/her house to kill the victim’s house to the extent that he/she would have become aware of the victim’s house.

Reasons for sentencing

1. The scope of punishment by law;

Above 10 years to 50 years of imprisonment;

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

[Determination of Punishment] Murder

[Special Convicts] - Reductions: Non-Provision of Punishment

Aggravations: Victims vulnerable to criminal conduct

[Scope of Recommendation] Imprisonment of 17 years to 22 years (Basic Area)

3. Determination of sentence;

The crime of this case was committed by elderly victims while the defendant tried to kill the defendant, such as providing the defendant's accommodation at the time, and took money and valuables owned by the victim. The life of a person is the highest value to be protected by the State or society, and it cannot be used for any reason for infringement. Since the defendant has a high possibility of criticism by taking the life of the victim who was deprived of each of the crimes of this case and forcibly taking money and valuables, it is inevitable to punish the defendant with severe criminal punishment corresponding thereto.

On the other hand, the fact that the defendant is older than 73 years of age, and the defendant suffers from pneumoconiosis, and the defendant has no record of criminal punishment except for the punishment of 50,000 won due to gambling around 1980, and the victim's satisfaction does not want the punishment of the defendant, and the defendant's family has submitted a written application for coal seeking the preference of the defendant's family.

In addition, considering the overall circumstances of sentencing, such as the character, conduct and environment of defendants, and the opinions of jurors on the sentencing, the punishment shall be determined as per the order beyond the scope of the recommended punishment specified in the sentencing guidelines.

jury verdict and sentencing opinion

1. A verdict of guilt or innocence;

7. Opinions of guilt of only seven jurors

2. Opinions on sentencing

10 years of imprisonment;

12 years of imprisonment;

14 years of imprisonment

15 years of imprisonment;

17 years of imprisonment;

Periodical (Presiding Judge)

Long-term Private Telecommunication

Freeboard Kim