2014 Mahap50 homicide

A

The current status of prosecution (prosecution), Kim Yong-type (public trial)

Attorney B

April 4, 2014

A defendant shall be punished by imprisonment for four years.

One copy (No. 1) of seized sports uniforms shall be confiscated.

Criminal facts

The defendant demanded the victim C (n, 68 years of age) who is a flat wife to receive a letter from D that the defendant would repay the amount of KRW 100 million which the defendant provided as a house purchase fund to D, and there was a dispute with the victim.

On December 26, 2013, from around 23:00 to 23:55 on the same day, the Defendant commenced a dispute on the ground that the Defendant received the above written statements from the victim and D from the second floor of the Defendant’s house located in Gwanak-gu in Seoul Special Metropolitan City, on the ground that the victim was able to get a divorce while taking a bath for the Defendant, and the victim was forced to have his body fighting with his hand during the process of cutting down his body fighting with the victim, and lost awareness by being used on the floor.

After that, the Defendant exceeded the physical clothes (Evidence No. 1) that he was suffering, and caused the victim to die of his body by strokeing the neck of the victim, which was stroked with the above physical clothes.

Accordingly, the Defendant murdered the victim as above.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement by the prosecution concerning D;

1. The second police statement concerning F;

1. A copy of the autopsy report, the autopsy report, and the appraisal report dated January 2, 2014;

1. A report on investigation (police officers on the earth's dispatch of defense accidents), a report on investigation (DNA-related nations and appraisal partially), a report on seizure, a list of seizure, and evidence of seizure;

1. A copy of the 119 emergency medical services log, a field photograph of occurrence, and a historical learning photograph used at the time of committing a crime;

Application of Statutes

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

Article 250(1) of the Criminal Act (Appointment of Imprisonment for Imprisonment)

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Confiscation;

Article 48(1)1 of the Criminal Act, reasons for sentencing

1. The scope of punishment: Imprisonment for not less than two years and not more than 6 months but not more than 15 years;

2. The scope of recommended sentences according to sentencing standards;

[Determination of Punishment] homicide, Type 1 (Murder of Murder)

【Special Exemplarys】 Reductions (Ad Hocs for Victims' Bereaved Family Members)

[Determination of the Recommendation Area] Reduction Area

[Scope of Recommendation] Imprisonment with prison labor for not less than three years but not more than five years

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

The crime of this case was committed by the Defendant who was demanded a divorce from the victim, and murdered the victim by taking account of the fact that the crime of this case was committed with the wound and suffering that the victim’s bereaved family members cannot live together due to the crime of this case, the Defendant should be punished strictly.

However, if the defendant recognizes all of the crimes of this case, his mistake is divided in depth, the defendant did not have been subject to criminal punishment prior to the crime of this case, the victim's son and her father who are bereaved family members are waiting for the defendant to be faced with the defendant so that he can live together, even if he is his father, and the defendant is his father. The defendant was under the age of 71 years old, and the defendant was under the age of 71 years old, and the suicide change occurs in the food system, and the health of the defendant becomes worse to the extent that he is unable to properly cope with the problem, such as the age of the defendant, character and behavior, environment, motive and means of the crime, result of the crime, and the circumstances after the crime of this case, etc., the punishment of this case shall be determined as per the order, taking into consideration all the sentencing factors specified in the arguments of this case, such as the crime of this case.

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

Freeboard of the presiding judge;

Judges Park Il-young

Judges Kim Gin-han