2015 Gohap62 homicide

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Housing City:

Monopos (prosecutions) Manopos (Public Trial)

Attorney Yoon Young-young (Korean National University)

April 14, 2015

A defendant shall be punished by imprisonment for ten years.

One kitchen which has been seized (No. 1) shall be confiscated.

Criminal Facts

The Defendant, as a Islamic son of the Islamic nationality of Myanmar, became aware of the Defendant’s voice files containing the Defendant’s desire to read the voice files, including the Defendant’s photograph and the Korean woman, at the Ma○○○○ (Min, 40 years of age, and Myanmar’s cellphone, as the Defendant and the Korean woman were frighted, and then, became aware of the other families.”

On December 23, 2014: Around 34, the Defendant: (a) had a kitchen knife (17cc in blade length) and found the victim and his father Kim○○ in the ○○ Electricity house located in the Singue-dong in Singue-si; (b) in the process of following the above act by the victim, the Defendant tried to listen to the victim's bath, and (c) attempted to have the victim's bath knife one time with the above kitchen knife, but the kitchen knife knife knife knife knife knife knife knife knife knife knife knifs.

Accordingly, the defendant killed the victim by causing the victim who was sent to a hospital in Incheon Metropolitan City at around 12:18 to die of excessive blood transfusion due to his or her influence.

Summary of Evidence

1. The defendant's partial statement in court;

1. Legal statement of the witness Kim ○○;

1. Examination protocol of the accused by the prosecution;

1. Each police suspect interrogation protocol against the accused;

1. Seizure records;

1. Report on the results of identification of the murder case, and records on the identification of the scene of murder;

1. A written autopsy report, a written autopsy report, and a written autopsy and appraisal report;

1. Photographs (Evidence Nos. 12) and records in the emergency room of the Gacheon Hospital;

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Judgment on the argument of the defendant and defense counsel

1. Summary of the assertion

The defendant's knife knife with the victim, but the intention of murdering the victim is the knife.

2. Determination

The following circumstances acknowledged by the evidence duly adopted and examined by the court: (i) the defendant consistently made a statement to the investigative agency that he would have sought the victim with the intent to kill the victim if he did not receive the victim due to the victim’s insult; (ii) the defendant prepared the crime of this case in advance when finding the victim; (iii) the knife used for the crime of this case by the defendant was 17cc in length, so that he can take the victim’s life after deducting the victim’s life; and (iv) the defendant’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

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 (Selection of Imprisonment)

1. Confiscation;

Article 48 (1) 1 of the Criminal Act

Reasons for sentencing

1. The range of applicable sentences: Imprisonment with prison labor for not less than five years nor more than thirty years; and

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

[Determination of Type] homicide, Type 2 (General Monobing homicide)

[Special Convicts] A planned murder crime (aggravated homicide), self-denunciation (a mitigated element)

[Scope of Recommendation] Imprisonment for at least 15 years, life imprisonment (aggravating area)

3. Determination of sentence: Ten years of imprisonment; and

In light of the fact that the crime of this case is the crime of cutting away the life of the person who is the most respected value, and the victim is the one married with the father of the defendant, the defendant was prepared for the arrest knife of the crime of this case while the victim was living together with his father, the victim's husband and children became deep due to the death of the victim, and the husband of the victim who is the bereaved family member wanted to punish the defendant, it is recognized that there is a need to punish the defendant strictly.

However, although the defendant denies the criminal intent, the facts are recognized as all, and they are against the defendant, the defendant seems to have committed the crime of this case after insult from the victim, the defendant voluntarily surrendered to the police immediately after the crime of this case, the defendant's currently aged 19 years old, the fact that the defendant has no record of any particular criminal punishment, etc. shall be taken into account as favorable circumstances for the defendant's favorable circumstances, and all other conditions of sentencing, including the defendant's past record, circumstances leading to the crime of this case, the circumstances before and after the crime of this case, the defendant's age, character and conduct, family relationship, environment, etc.

1. A verdict of guilt or innocence;

- "guilty": 9 jury (at a unanimous trial)

2. Opinions on sentencing

- Imprisonment with prison labor for 13 years: One juror;

- Imprisonment with prison labor for 12 years: two jurors;

- Imprisonment for 10 years: Four jurors;

- Imprisonment with prison labor for seven years: two jurors;

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

For judges of the presiding judge;

Judges Hwang Sung-sung

Judge Lee Dong-dong